National:

Big Business Continues Trend Toward Political Transparency
Center for Public Integrity – Dave Levinthal | Published: 9/28/2016

About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. Across 24 categories, the study awards points to companies that, for example, voluntarily disclose contributions to certain nonprofit groups, publish policies that govern political expenditures from its corporate treasury, and reveal money spent to influence state-level ballot initiatives. The authors say there is a trend toward increased corporate political transparency, despite calls from prominent business groups for corporations to not reveal more information than what is legally required of them. But plenty of companies show little interest in revealing more about how they are attempting to influence politics.

For Cuomo and Christie, Parallel Paths to the Top, and Trouble When They Got There
New York Times – Vivian Yee | Published: 9/25/2016

New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo were once lionized for relentlessly prosecuting bad behavior in government. Cuomo is now reeling after the arrest of one of his closest friends, confidants, and former aides, as well as the arrests of several other close advisers and donors in a bribery scheme, while a former top aide and a former political ally to Christie are on trial over their roles in the scandal that elevated a traffic jam on access lanes leading to the George Washington Bridge into a symbol of political payback. Neither governor is accused of breaking the law. But for two men who once prided themselves on managing spick-and-span administrations, claiming to have been blind to alleged acts of petty revenge and bribery at the highest levels of state government seems bad enough.

Republican Lawmakers Under Fire for Racially Insensitive Comments after Charlotte Unrest
Washington Post – Elise Viebeck | Published: 9/24/2016

Republican lawmakers are under increasing fire for racially insensitive comments after the fatal police shootings of black men sparked unrest in two states. Remarks by U.S. Reps. Robert Pittenger, Tim Huelskamp, and Steve King, along with the GOP nominee for vice president, Mike Pence, underscored to some observers Republicans’ tone-deafness on issues of race in a year of unprecedented attention to police bias against African-Americans. With the November elections barely six weeks away, the responses also seemed a sign of Republicans deepening alienation from black voters. The GOP rhetoric could help mobilize African Americans to oppose Republicans in a year when Hillary Clinton is relying on heavy black turnout to win the White House.

Federal:

D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand
Bloomberg BNA – Kenneth Doyle | Published: 9/28/2016

A federal appellate panel ruling that limits disclosure requirements for groups sponsoring political ads will stand, as the full U.S. Court of Appeals for the District of Columbia Circuit said it will not review the decision. The long-running litigation challenged as too lax current FEC disclosure rules for ‘electioneering communications” – targeted television and radio ads that refer to a federal candidate in the final weeks before an election. The FEC rules in most circumstances do not require disclosure of those funding such ads. A three-judge panel of the District of Columbia Circuit issued a ruling that contended a broader FEC disclosure rule would violate free speech rights. The panel acknowledged previous court decisions supporting disclosure but suggested such rulings conflicted with other precedents giving broad First Amendment protection to political speech.

New Debate Strategy for Donald Trump: Practice, practice, practice
New York Times – Patrick Healy, Ashley Parker, and Maggie Haberman | Published: 9/28/2016

Even as Donald Trump’s advisers publicly backed him after the first presidential debate and praised his performance, they were privately awash in second-guessing about why he stopped attacking Hillary Clinton on trade and character issues and instead grew erratic, impatient, and subdued as the night went on. In interviews, seven campaign aides and advisers to Trump expressed frustration and discouragement over their candidate’s performance. Advisors plan to more rigorously prepare him for the next debate; whether he is open to practicing meticulously is a major concern, however, according to some of these advisers and others close to Trump.

Will ‘Saturday Night Live’ Take Down Trump?
Politico – Shane Goldmacher | Published: 9/29/2016

While Donald Trump and Hillary Clinton argue over who won the first presidential debate, inside 30 Rockefeller Plaza, the winner in the all-important satirical showdown is still being scripted. That is where the cast and crew of “Saturday Night Live” gathered to watch the debate, and it is where they are still sketching out portrayals that will shape how Americans see their presidential candidates. Historically, SNL’s political satire has penetrated the national consciousness. It was Will Ferrell as George W. Bush who coined “strategery,” and it was Tina Fey as Sarah Palin who claimed, “I can see Russia from my house.” The skewering tradition dates all the way back to Chevy Chase’s 1976 portrayal of President Gerald Ford as a klutz. In 2000, Al Gore’s own advisers made him watch Darrell Hammond’s stilted impersonation of his debate performances to show Gore how poorly he was coming off to others.

From the States and Municipalities:

Alabama – Ala. PAC-to-PAC Transfer Ban Upheld by Appeals Court
Montgomery Advertiser – Brian Lyman | Published: 9/28/2016

A federal appeals court upheld Alabama’s ban on money transfers between PACs. The three-judge panel ruled the law did not prevent the Alabama Democratic Conference (ADC), which sued to overturn it, from raising the funds to support its activities. State lawmakers passed the ban in order to restrict donors’ ability to hide contributions by shuffling them through multiple PACs. After the law passed, the ADC created two separate bank accounts, one dealing with independent expenditures and the other for political contributions. Attorneys for the state argued Alabama’s interests were promoting transparency and preventing corruption. The ADC said because it kept its expenditures in separate bank accounts, and because the U.S. Supreme Court’s Citizens United decision said independent expenditures do not create the appearance of corruption, the state had no compelling interest in its accounts tied to campaign expenditures.

California – Ex-LAPD Sergeant Defends Himself Against Ethics Charge Over Controversial Stop of ‘Django Unchained’ Actress
Los Angeles Times – Kate Mather | Published: 9/26/2016

A judge heard arguments over whether a Los Angeles police sergeant violated city ethics rules by leaking a recording of his controversial encounter with actress Daniele Watts to the media. No one questions whether Parker released the recording – he has admitted that in interviews with reporters, at a Police Commission meeting, and again while testifying in court. Instead, the case hinges on whether that recording was confidential and thus, whether Parker violated city rules by making it public. Ethics officials allege he did just that, accusing Parker of unlawfully sharing confidential information without authorization and doing so to “create a private advantage for himself.” Sergio Perez, the Ethics Commission’s director of enforcement, accused Parker of releasing the tape because he faced criticism over the encounter.

Illinois – Donation Lifts Fundraising Caps in Illinois Comptroller Race
State Journal-Register – Sophia Tareen (Associated Press) | Published: 9/26/2016

A $260,000 donation to Illinois Comptroller Leslie Munger’s campaign has lifted the caps on political contributions and guarantees a big-money race between the incumbent and challenger Susana Mendoza. The loan is from Munger’s husband, attorney John Munger. State campaign finance law limits contributions, but it also says if a candidate or family member gives more than $250,000 to his or her own race, the limits come off for all candidates.

Mississippi – Hosemann Launches ‘Searchable’ Campaign Finance Reports
Hattiesburg American – Geoff Pender (Jackson Clarion-Ledger) | Published: 9/27/2016

Mississippi is becoming the last state to allow electronic filing of campaign finance reports, a step toward easier public access to information about who is spending money to influence elections. The National Institute on Money in State Politics says all 49 other states already had either mandatory or voluntary electronic filing of finance reports. The Mississippi secretary of state’s staff has scanned candidates’ paper forms and posted them online for years. But those documents are not searchable and it is burdensome to calculate, for example, how much money a group or person gives to multiple candidates. Secretary of State Delbert Hosemann said he will ask the Legislature to make electronic filing mandatory for statewide and district candidates starting in 2020, after the current four-year term.

New York – Preet Bharara Wields Ax in Albany Corruption Scandal
Albany Times-Union – Chris Bragg and Mathhew Hamilton | Published: 9/22/2016

Federal corruption charges were levied against two former close aides to New York Gov. Andrew Cuomo, a senior state official, and six other people, in a blow to the governor’s innermost circle and a repudiation of the way his prized upstate economic development programs were managed. The charges against the former aides, Joseph Percoco and Todd Howe, and the state official, Alain Kaloyeros, were the culmination of a long-running federal investigation into the Cuomo administration’s efforts to lure jobs and businesses to upstate New York’s limping economy by furnishing billions of dollars in state funds to developers from Buffalo to Albany.

North Carolina – Sen. Fletcher Hartsell Accused of Money Laundering, Mail Fraud and Wire Fraud
Raleigh News & Observer – Anne Blythe | Published: 9/27/2016

North Carolina Sen. Fletcher Hartsell was indicted on multiple counts related to fraudulent campaign fundraising and expenditures. The charges in federal court escalate the legal woes for Hartsell nearly three months after a county grand jury indicted him in state court on allegations he certified three campaign finance documents as correct, while knowing they were not. The federal indictment alleges he spent campaign money on a trip to South Carolina with his wife’s choir, on haircuts, tickets to the musical “Jersey Boys,” his granddaughter’s birthday party, and getting his driver’s license renewed, among other things.

Rhode Island – Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock
WPRI – Dan McGowan | Published: 9/26/2016

Providence Councilperson Sam Zurier wants to amend the city’s existing lobbying ordinance to force members of what he considers “financially active” organizations to register as lobbyists, a plan he acknowledges is designed to force members of the Providence Apartment Association to wear badges in City Hall and file quarterly reports with the clerk’s office. But several members of the Ordinance Committee said they are concerned the proposal would deter other community groups from participating in city government, even though the policy focuses on organizations whose members make campaign contributions to the mayor or city council.

Tennessee – Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo
The Tennessean – Joel Ebert and Dave Boucher | Published: 9/26/2016

In 2014, five state legislators went on an undisclosed vacation with Mark Gill, one of the leaders of the pro-voucher Tennessee Federation for Children. In 2016, all five lawmakers who went to Gill’s condominium co-sponsored legislation to allow vouchers in Tennessee. As Gill is not a registered lobbyist, he is legally allowed to host in this manner due to a loophole in the law. House Speaker Beth Harwell said such trips need to be disclosed, but she is likely to face pushback from legislators like Rep. Andy Holt, who attended the event, “There’s a time and a place for transparency, but my rights as a U.S. citizen didn’t end when I became a lawmaker,” said Holt.

Virginia – In Virginia’s Capital, a Political ‘Bad Boy’ Upends Race for Mayor
Washingtpn Post – Paul Schwartzman | Published: 9/28/2016

Everyone in Richmond knows about Joe Morrissey Myrna Watson, as do many across Virginia, having read salacious stories three years ago about the then-55-year-old state lawmaker who went to jail for cavorting with his 17-year-old receptionist. Warren is now Morrissey’s wife, and she has become a centerpiece of his unlikely quest to become Richmond’s next mayor. Morrissey’s career includes more than a few headline-grabbing stories, including an eight-year disbarment that prevented him from practicing law until 2011, two fistfights that resulted in jail time, and brandishing an unloaded AK-47 during a gun debate in the House of Delegates. Yet polls show Morrissey with an imposing lead over six opponents. One candidate dropped out recently, citing concern that the size of the field would split the vote and ensure Morrissey’s victory.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Gaming the Six-Week Election Day
Bloomberg.com – Sasha Issenberg and Steven Yaccino | Published: 9/19/2016

By the constitutionally mandated first Tuesday after a Monday in November, more than one-third of Americans will have already voted for president. There are still battleground states that make no provision for early voting, but in those that do it has created a new kind of electoral arms race. Early voting is a particular gift to well-organized, well-funded campaigns, which can extend their turnout operations as long as six weeks, locking down precise factions of the electorate in domino-like fashion, and sequence their persuasion efforts with a clear view of who has yet to vote.

Some Republicans Acknowledge Leveraging Voter ID Laws for Political Gain
New York Times – Michael Wines | Published: 9/16/2016

There has been a wave of voter ID laws enacted in the last six years, mostly by Republican-controlled Legislatures whose leaders claimed that cheating at the ballot box is a routine occurrence. Yet academic studies and election-law experts broadly agree that voter fraud is not a widespread problem in American elections. Rather, they say, it is a widespread political tactic used either to create doubt about an election’s validity or to keep one’s opponents – in most cases, Democratic voters – from casting ballots. In unguarded moments, some Republican supporters of the laws have been inclined to agree.

Federal:

Court Rules against FEC in Ad Case
The Hill – Jonathan Swan | Published: 9/19/2016

A federal judge ruled the FEC must revisit whether two nonprofits’ anti-Obamacare ads were meant to influence an election, which would require the groups to disclose their backers. The judge said the FEC misinterpreted the First Amendment when it dismissed a progressive group’s complaints. Federal law requires groups to register as political committees and reveal their donors when their “major purpose” is to nominate or elect candidates. But if their major purpose is to promote “social welfare” or to educate voters on issues, they are allowed to keep their donors’ identities hidden. “This should be of concern to organizations which have been very politically active while failing to report as a political committee, relying on the FEC’s refusal to enforce the law,” said former FEC general counsel Larry Noble.

Nonprofit Seeks to Crowdfund Lobbying
The Hill – Megan Wilson | Published: 9/15/2016

A new nonprofit aims to crowdfund lobbying campaigns in order to give people a voice on K Street. Lobbyists 4 Good founder Billy DeLancey, who has worked in public affairs in both government and the private sector, said he will primarily use small-dollar donations to retain high-powered lobbyists who work on public interest issues. The idea has been in development since earlier this year, and DeLancey has already developed a working relationship with well-known law and lobby firms such as K&L Gates.

Trump Used $258,000 from His Charity to Settle Legal Problems
Washington Post – David Fahrenthold | Published: 9/20/2016

Donald Trump reportedly used $258,000 from his charitable foundation to settle lawsuits involving his for-profit businesses, potentially violating laws against nonprofit leaders using charity dollars to benefit themselves or their companies. Trump also allegedly spent $5,000 from the foundation to buy advertisements for his hotel chain and $10,000 to purchase a portrait of himself at a charity fundraiser. He had previously used $20,000 in foundation dollars to buy a different portrait of himself. If the IRS were to find Trump violated self-dealing rules, it could require him to pay a penalty taxes or reimburse the foundation.

Why Campaign Finance Laws Probably Won’t Stop Hannity and Lewandowski from Helping Trump
Washington Post – Callum Borchers | Published: 9/21/2016

Sean Hannity is one of Donald Trump’s biggest media boosters, and his aid for Trump’s presidential bid does not end with promotional on-air commentary. Hannity acknowledged he is an informal adviser to the campaign, and he appeared in a recent Trump ad. Fox News said Hannity appeared without the network’s knowledge and will not do so again. After his advisory role was reported, an FEC complaint alleged that “Mr. Hannity may be using Fox News Channel resources to offer the Trump campaign ‘suggestions on strategy and messaging,’ which would be in violation of the federal prohibition on corporate campaign contributions.” It highlights a question raised repeatedly in the 2016 election by media observers: at what point do the activities of media professionals cross the line to become illegal, in-kind corporate contributions?

From the States and Municipalities:

California – Changes Coming to San Diego Ethics Commission
San Diego Union-Tribune – David Garrick | Published: 9/20/2016

San Diego will make some changes to the city’s Ethics Commission based on recent recommendations by a grand jury, but rejected some of the panel’s key suggestions. Changes approved by the city council include a new name – the City of San Diego Fair Political Practices Commission – to more accurately reflect the agency’s duties. The council also agreed to guarantee the commission’s ongoing existence by making it part of the City Charter, which will require a public vote probably in 2018.

California – State Agency Under Fire for Pressuring Open-Government Groups It Regulates to Change Position on Legislation
Los Angeles Times – Patrick McGreevy | Published: 9/20/2016

Backers of legislation that would have increased transparency on the funding of political ads criticized the California Fair Political Practices Commission (FPPC) for heavy-handed tactics they said included pushing groups the agency has the power to investigate to drop their support for the bill. Assembly Bill 700, which died near the end of the legislative session, would have required political committees that pay for print, radio, and television ads on candidates and ballot measures to clearly identify the top financial contributors to the campaigns. The FPPC objected to late amendments it felt affected its ability to prevent donors from secretly funneling money to a campaign in amounts higher than legal limits.

Florida – Campaign-Finance Rules Won’t Be on Miami-Dade Ballot
Miami Herald – Douglas Hanks | Published: 9/20/2016

The petition drive to get new campaign finance rules before Miami-Dade voters in November officially ended when an appeals court formally overruled a judge who had ordered the package on the ballot. In reality, the legal fight ended a few days earlier when the Third District Court of Appeal declined to lift a freeze on the judge’s order, allowing Miami-Dade’s deadline for printing the ballots to pass without including the item. County commissioners had already voted against sending the measure to voters, saying the union-backed proposal had too many legal flaws to be considered. The initiative would have banned county vendors, their lobbyists, and relatives from giving to candidates for county office and lowered the contribution limit from $1,000 to $250.

Iowa – Ron Paul Aides Avoid Jail Time in Endorsement Scheme
Des Moines Register – Grant Rodgers | Published: 9/20/2016

Two top aides to former U.S. Rep. Ron Paul’s 2012 presidential bid were sentenced to probation and home confinement rather than prison for their roles in a scheme to cover up campaign payments to a former Iowa senator who agreed to endorse Paul. Although prosecutors were seeking more than two years in federal prison, Jesse Benton and John Tate were sentenced to two years’ probation and six months of home confinement, along with community service and a $10,000 fine. They were accused of conspiring to cause false campaign contribution reports to be filed with the FEC. The men have argued they broke no laws when they paid a video production company, which passed on $73,000 to former state Sen. Kent Sorenson. He dropped support for Michele Bachmann and endorsed Paul six days before the 2012 Iowa caucuses.

Missouri – Campaign Contributions Limit Amendment to Appear on Missouri Ballot
Kansas City Star – Jason Hancock | Published: 9/19/2016

A Missouri initiative to reinstate campaign contribution limits cleared its final legal hurdle to appear on the November ballot. The state Supreme Court turned down a request to hear a challenge of the proposed constitutional amendment. The proposal known as Constitutional Amendment 2 would limit contributions to candidates to $2,600 per election and cap donations to political parties at $25,000. Missouri’s previous limits were repealed in 2008. Since then, some donors routinely have given five- and six-figure checks.

New Jersey – U.S. Says for First Time That Christie Knew of Bridge Plot
Bloomberg.com – David Voreacos and Elise Young | Published: 9/19/2016

A federal prosecutor told jurors a witness will testify that New Jersey Gov. Chris Christie was told about a plan to close traffic lanes near the George Washington Bridge as the shutdown was happening, a claim he has contested for years. The trial comes three years after gridlock paralyzed a town next to the busy bridge connecting New Jersey to New York City for four days. Prosecutors said Bill Baroni and Bridget Kelly had sought political revenge against Fort Lee Mayor Mark Sokolich. Baroni was a top Christie appointee to Port Authority of New York and New Jersey. Kelly was Christie’s former chief of staff. They face counts of wire fraud, conspiracy, deprivation of civil rights, and misusing an organization receiving federal funds. Christie has denied knowing about the scheme and was not charged in the federal investigation.

Texas – Texas Ag Commissioner Sid Miller Admits to Getting ‘Jesus Shot’ but Avoids Criminal Charges
Dallas Morning News – Lauren McGaughy | Published: 9/20/2016

Texas Agriculture Commissioner Sid Miller will not face criminal charges for using taxpayer money on trips in which he competed in a rodeo and got a medical injection known as “The Jesus Shot.” The Travis County district attorney’s office decided not to prosecute Miller for abuse of power after he agreed to refund an additional $498 to the state. The decision frees him from legal trouble over the trips to Oklahoma and Mississippi in February 2015. On at least two occasions, Miller’s office withheld records about the Oklahoma trip. State law prohibits officeholders from withholding public records and from using state money or campaign funds for travel that primarily is personal in nature.

Wisconsin – An Inside Look at How Politicians Beg for Big Checks
Washington Post – Matea Gold | Published: 9/20/2016

Documents produced as part of a now-halted probe into suspected illegal campaign coordination in Wisconsin reveal in stark terms how the chase for big money by politicians has largely become a frantic pursuit of billionaires and corporate executives. Emails written in 2011 and 2012, when Gov. Scott Walker was raising funds to combat his attempted recall and that of a group of Republican state senators, expose how Walker played a leading role in securing big checks, making personal pleas to rich conservatives across the country. Among the donors Walker personally hit up was Donald Trump, who signed a check for $15,000 the day the governor visited him in April 2012.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

How the Sugar Industry Shifted Blame to Fat
New York Times – Anahad O’Connor | Published: 9/12/2016

In 1967, the Sugar Research Foundation, the precursor to the Sugar Association, paid Harvard scientists about $50,000 in today’s money to discredit a link now widely accepted among scientists, that consuming sugar can raise the risk of cardiovascular disease. Instead, the industry and the scientists pinned the blame squarely, and only, on saturated fat. Even though the influence-peddling revealed in the documents dates back nearly 50 years, more recent reports show the food industry has continued to influence nutrition science.

Real-Time Election Day Projections May Upend News Tradition
New York Times – Nick Corasaniti | Published: 9/10/2016

Television networks and newspapers have traditionally agreed not to reveal the information they gather through exit polling to their audiences until polls close. Journalists keep that information to themselves, campaigns track the outcome with their own methodologies, and voters are left without access to information about how the election is going in real time. Now, a new company called VoteCastr is seeking to upend that reporting tradition, providing detailed projections of who is winning at any given time on Election Day in key swing states, and updating the information in real time. The plan is likely to cause a stir among those involved in reporting election results, who worry about both accuracy and an adverse effect on how people vote.

Federal:

Congressman Offers Unusual Defense in Ethics Probe
Center for Public Integrity – John Dunbar | Published: 9/13/2016

U.S. Rep. Roger Williams, a Texas Republican under investigation by the House ethics committee, says he did nothing wrong when he offered an amendment that would benefit car dealers, despite the fact that he himself is a car dealer. Members of Congress may not use their positions for personal financial benefit. But Williams asserted he did not profit from his actions. Instead, Williams revealed, he offered the amendment at the behest of a lobbyist. And the lobbyist – whose employer, the national Automobile Dealers Association, one of Williams’ top donors – sent along “proposed language” for the text of the amendment. There is no timetable for when the committee will rule. But regardless of what happens, Williams’ defense offers a rare glimpse at how business is often done in the Capitol.

How Donald Trump Retooled His Charity to Spend Other People’s Money
Washington Post – David Fahrenthold | Published: 9/10/2016

An investigation of the Donald J. Trump Foundation found it collects and spends money in a very unusual manner. For one thing, nearly all of its money comes from people other than Trump. In tax records, the last gift from Trump was in 2008. Since then, all of the donations have been other people’s money, an arrangement that experts say is almost unheard of for a family foundation. Trump then takes that money and generally does with it as he pleases. In many cases, he passes it on to other charities, which often are under the impression it is Trump’s own money. Foundation money has also been used for political purposes, which is against the law. Trump paid a penalty this year to the IRS for a 2013 donation in which the foundation gave $25,000 to a campaign group affiliated with Florida Attorney General Pamela Bondi.

How These Powerful Women Learned to Love Fundraising
Washington Post – Elise Viebeck | Published: 9/12/2016

Lawmakers frequently think fundraising is the worst part of their job, but it has become critical to their success as the cost of campaigns skyrockets. According to interviews with more than a dozen women in Congress, raising campaign funds poses unique challenges for women entering politics and seeking to rise through the ranks. Building a war chest is essential to female politicians as they work to get elected and to secure a seat at the leadership table, which involves both campaigning and fundraising for colleagues. Scholars have found women exhibit more negative attitudes toward fundraising and express more concern about attracting donors, to the point that it can deter some from running for office.

Lobbying Registrations Are Down, But The Influence Industry Is Flourishing
Washington Post – Catherine Ho | Published: 9/12/2016

This year, for the ninth consecutive time, the number of registered lobbyists in Washington, D.C. has fallen. The figure has dropped from about 14,800 in 2007 to 10,500 today. But ask virtually any member of K Street’s booming influence industry and they will tell you there are not fewer lobbyists, there are just fewer people labeling themselves as such. Eschewing the lobbyist label in favor of more palatable designations such as policy adviser, strategic counsel, or government relations adviser is not new. But it appears to have grown more prevalent during the two terms of President Obama, who put greater restrictions on lobbyists working in the executive branch than any other president.

From the States and Municipalities:

California – Jury Finds Azano Guilty on 36 Counts in Foreign Money Case
San Diego Union-Tribune – Dana Littlefield and Greg Moran | Published: 9/9/2016

A Mexican businessperson accused of making illegal campaign donations to candidates in San Diego’s 2012 mayoral race was convicted of 36 counts, including conspiracy to make political contributions by a foreign national. José Susumo Azano Matsura also was found guilty in federal court of making contributions in other people’s names and falsifying records.  As a foreign citizen without legal status in the U.S., Azano was prohibited by law from donating to domestic campaigns. Although he lived in a Coronado Cays and both his wife and son were U.S. citizens, Azano did not have a green card or any immigration status that would allow him to financially support political campaigns in this country.

Florida – Judge Orders Campaign-Finance Question Put on Miami-Dade Ballot
Miami Herald – Douglas Hanks | Published: 9/9/2016

Circuit Court Judge William Thomas ordered that Miami-Dade voters get a chance to decide on new rules for campaign contributions, reversing a decision by county commissioners to keep the measure off the November ballot because of alleged legal flaws. The judge ruled the union-backed group behind the proposal to ban county contractors and their lobbyists from donating to county candidates followed all the required steps to secure a ballot slot. County lawyers appealed Thomas’ decision.

Michigan – House Candidate Steve Marino Retracts Claims from Secret Recordings
Detroit Free Press – Paul Egan | Published: 9/11/2016

Michigan House candidate Steve Marino disavowed ever picking up bar tabs for state lawmakers as a lobbyist after Democrats released audio recordings showing him making the claims. Marino, a Macomb County commissioner who was a registered lobbyist from 2013 to 2015, said that despite the way he described the events, they did not involve him personally. Instead, he said the stories were composites patched together from events he had witnessed or heard about over the years.

Missouri – Court: Missouri voters can decide if they want to bring back limits on campaign contributions
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/13/2016

A state appeals court ruled that a measure re-imposing campaign contribution limits in Missouri can be placed on the November ballot. The initiative would ask voters whether they want to cap donations to individual candidates to $2,600 and limit contributions to a political party to $25,000. The referendum would ban the current practice of funneling money through different committees to hide the source of the money. Opponents say the initiative unfairly limits some classes of businesses and associations from giving money to campaigns. They vowed to appeal the ruling to the state Supreme Court.

Pennsylvania – Gas-Dealing Pa. Game Commission Official Ordered to Pay $75K Fine
Philadelphia Inquirer – Andrew Maykuth | Published: 9/13/2016

William Capouillez, a retired Pennsylvania Game Commission official, will pay a $75,000 fine over his side business. While he was director of the Bureau of Wildlife Habitat Management, Capouillez negotiated gas leases with drilling companies on behalf of private landowners while overseeing Game Commission leases with the same companies. He agreed to the fine in exchange for no further action by the state Ethics Commission, but the head of the ethics panel said Capouillez still faced possible criminal charges. The Ethics Commission said the $75,000 penalty represented just a portion of the amount Capouillez earned since 1996, when he began operating his business. But it said most of the alleged violations occurred before the agency’s five-year statute of limitations expired.

Tennessee – Jeremy Durham Expelled from Tennessee House in 70-2 Vote
The Tennessean – Joel Ebert and Dave Boucher | Published: 9/13/2016

The Tennessee House voted to expel state Rep. Jeremy Durham following allegations of widespread sexual harassment. The vote followed an attorney general’s investigation that detailed allegations of improper sexual contact with at least 22 women over the course of his four years in office. House Speaker Beth Harwell effectively quarantined Durham from other lawmakers, staff, and lobbyists in April, moving his office across the street and barring him from entering the main legislative area other than for official business. The move came after state Attorney General Herbert Slatery said Durham could pose a risk to “unsuspecting women” at the Capitol complex.

Virginia – Prosecutors Will Drop Case Against Former Va. Governor Robert McDonnell
Washington Post – Rachel Weiner and Matt Zapotosky | Published: 9/8/2016

The Justice Department decided to drop all charges against former Virginia Gov. Bob McDonnell following a U.S. Supreme Court ruling that vacated his original conviction on corruption charges. As a result, McDonnell’s legal ordeal effectively ends. The justices ruled McDonnell, convicted in 2014 and sentenced to two years in prison for helping a personal donor navigate the state bureaucracy, had not performed any official acts on the donor’s behalf. For federal prosecutors, the case carries grave implications. It likely will make it more difficult for them to use federal bribery, extortion, and fraud statutes against public officials.

Wisconsin – Report: Lead paint makers helped Gov. Walker
Milwaukee Journal Sentinel – Jason Stein and Patrick Marley | Published: 9/14/2016

A new report sheds new light on the relationships between Gov. Scott Walker and donors to the Wisconsin Club for Growth during the governor’s 2012 recall election. The Guardian U.S. sifted through 1,500 leaked documents from a probe into Walker’s campaign. The documents show $750,000 in donations to Wisconsin Club for Growth from Harold Simmons, the owner of one of the leading producers of lead used in paint until it was banned. Walked signed into law changes passed by the Republican-led Legislature that would have made companies like NL Industries effectively immune from compensation claims for lead paint poisoning. One document shows a lobbyist for NL Industries suggested the language that should be used to make the effective immunity retroactive. The phrase suggested by the lobbyist is the one that was added to an amendment, which was signed into law but later blocked by a federal court.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Federal:

Addicted to Making Campaign Contributions?
The Atlantic – Russell Berman | Published: 8/30/2016

U.S. Sen. Bernie Sanders raised $231 million from more than 2.7 million donors in his campaign for president, depending on grassroots support rather than on wealthy bundlers. A benefit of relying on small donations from a large number of backers is that a campaign can go back to them repeatedly before they hit the $2,700 limit for individual contributions. And the Sanders campaign, like most campaigns in the modern era, did so, sending a barrage of urgent pleas for donations in email blasts. The excessive donations point to flaws in how the Sanders campaign managed and communicated with his most passionate supporters. Many of his donors were simply unaware of the federal limits, or if they were aware, they assumed the campaign would prevent them from contributing too much. It did not.

Breitbart Rises from Outlier to Potent Voice in Campaign
New York Times – Michael Grynbaum and John Herrman | Published: 8/28/2016

Breitbart News, once a curiosity of the fringe right wing, is now an increasingly powerful voice, and virtual rallying spot, for millions of disaffected conservatives who propelled Donald Trump to the Republican nomination. Known for bashing the GOP establishment, Breitbart now finds itself at the center of the party’s presidential campaign. Its longtime chairperson, Stephen Bannon, was named campaign chief by Trump, whose nationalist, conspiracy-minded message routinely mirrors the Breitbart worldview. The site received its biggest billing yet in the form of a scathing condemnation. In a nationally televised speech, Hillary Clinton identified Breitbart  as the Democratic Party’s leading media enemy, warning about a “de facto merger” between the Trump campaign and a news outlet that she described as racist, radical, and offensive.

Experts Poke Holes in Clinton Foundation’s Promised Donor Ban
The Hill – Jonathan Swan | Published: 9/1/2016

Ethics experts question the Clinton Foundation’s plan to avoid conflicts-of-interest during a Hillary Clinton presidency. The charity pledged not to accept foreign or corporate donations if she is elected. But watchdogs say it would be relatively easy for foreign governments or individuals to funnel cash to the foundation without the public being aware. It is not clear whether Chelsea Clinton would still raise money for the charity if her mother were to win the election. Bill Clinton has promised to step down from its board and stop fundraising if that happens. Assertions that donors to the charity got special access to Hillary Clinton while she was secretary of state have dogged her campaign.

How One Donor Is Profiting Off the Trump and Sanders Campaigns
The Atlantic – Russell Berman | Published: 8/28/2016

Entrepreneur Randy Treibel has contributed about $25,000 in total to Donald Trump and Bernie Sanders, more than any other person has given to both campaigns combined. But Treibel is not donating all this money out of devotion to these unlikely political insurgents – he is just trying to make a profit. He has been buying Trump and Sanders campaign merchandise in bulk and reselling it through his retail company on Amazon at a considerable markup. A Trump sign that costs $10 on his campaign website, for example, will sell for $35 on Amazon, Treibel said. And it is all completely legal under campaign rules. When asked why he did not bother to buy up Hillary Clinton stickers and signs, Treibel responded, “That stuff just doesn’t sell; nobody buys it.”

From the States and Municipalities:

Alabama – More Lawmakers (and Two Ethics Commissioners) Who Got Free Trips on Alabama Lenders’ Dime
AL.com – Kyle Whitmire (Alabama Media Group) | Published: 8/31/2016

The Alabama Lenders Association has amended its last two years’ of lobbying activity reports to include two trips where the organization paid for lodging, meals, and entertainment for numerous state lawmakers and other public officials. Records show the association hosted similar events in earlier years. But it did not disclose those earlier trips because it had not registered as a principal. Because the association had not registered and did not submit lobbying reports, it is impossible to tell which lawmakers it invited on those trips and how much it spent on them.

Alabama – Pro-Marijuana Group Challenges Alabama Lobbying Law
AL.com – Mike Cason | Published: 9/1/2016

The Institute for Justice filed a federal lawsuit challenging the Alabama law that requires all registered lobbyists to attend an ethics training class in Montgomery. The suit was filed on behalf of Maggie Ellinger-Locke and the Marijuana Policy Project (MPP). It contends that the requirement unduly burdens Ellinger-Locke because she lives in Arlington, Virginia and works at the MPP headquarters in Washington, DC. The Alabama Ethics Commission denied Ellinger-Locke’s request to take the class remotely. “If a person wants to talk to an elected official about a matter of public policy, they shouldn’t have to take a government-mandated class; instead, the only thing they should need is an opinion,” said Paul Sherman, a lawyer for the institute.

Connecticut – Inside the Political Fundraising Game
CT Post – Ken Dixon, Angela Carella, and Neil Vigdor | Published: 8/28/2016

A dozen contractors barred from contributing to state political candidates in Connecticut gave almost $1 million to the Democratic Governors Association, which in turn funneled $3.9 million to a PAC supporting Gov. Dannel Malloy’s 2014 re-election campaign. The transfer of money, though apparently legal, effectively circumvented Connecticut’s clean election laws, which are intended to limit the influence of wealthy special interests on state government. Michael Brandi, executive director of the State Elections Enforcement Commission, said it is hard to ferret out the source of campaign cash if donors want to remain anonymous.

Illinois – Chicago Insider Who Took $2 Million in Bribes in Red Light Camera Scandal Gets 10 Years in Prison
Los Angeles Times – David Kidwell (Chicago Tribune) | Published: 8/29/2016

A former Chicago transportation official embroiled in a corruption scandal over the award of a lucrative contract for red-light cameras was sentenced to 10 years in prison. John Bills, who served as assistant commissioner at the Department of Transportation, was convicted on 20 counts, including fraud, bribery, conspiracy, and tax fraud for taking up to $2 million in bribes and gifts in return for awarding $100 million in red lights camera contracts. The contracts went to Redflex Traffic Systems in 2003. Bills was also ordered to pay the city $2 million in restitution.

Maine – Paul LePage, Maine Governor, Now Says He’s Not Quitting
New York Times – Jess Bidgood | Published: 8/31/2016

Facing pressure to resign after comments many called racist and a profanity-laced voicemail left for state Rep. Drew Gattine, Maine Gov. Paul LePage told reporters he will not be stepping down and will seek spiritual guidance. LePage had hinted that he would not finish his current term after facing intense criticism for his latest actions. His six years in office have been marked by controversy. Even as he fueled outrage among Democrats and angst among many moderate Republicans, his well of support, fed by voters who are drawn to his unfiltered political style, never seemed to run dry. But the events of the past week have led to a rupture in his own Republican Party.

Missouri – Audit Finds Senate Slush Fund for Lobbyist-Financed Meals
St. Louis Post-Dispatch – Kurt Erickson | Published: 8/29/2016

Missouri lawmakers overall do a good job managing taxpayer funds, but are too generous with time off for staff and too willing to accept lobbyist money for meals, according to a pair of audits that also criticize legislators for secrecy. State Auditor Nicole Galloway said the Senate should close a bank account used to solicit lobbyist donations to buy meals for lawmakers. The audit says a House interim committee asked lobbyists for contributions to pay for a tour bus. The Senate says it will look for other ways to pay for meals, but it does not see a solution that will work. The House noted representatives failed this year to ban lobbyist-financed travel for lawmakers.

Nebraska – Panel Tells Embattled Nebraska Senator to Resign by Friday
ABC News – Grant Schulte (Associated Press) | Published: 8/29/2016

State Sen. Bill Kintner, who is ensnared in a cybersex scandal, was given another opportunity to resign before the Nebraska Legislature’s Executive Board determines possible action against him. Kintner was fined $1,000 by the state Accountability and Disclosure Commission after admitting to the online sexual encounter on a state-owned laptop with a woman. The woman, who is believed to have ties to an Ivory Coast crime syndicate, later threatened to expose the encounter unless Kintner paid her $4,500.

New York – Judge: Citizens United must disclose donor information to NY
ABC News – Larry Neumeister (Associated Press) | Published: 8/29/2016

A federal judge dismissed a lawsuit in which Citizens United sought to block New York Attorney General Eric Schneiderman from enforcing rules requiring the conservative group to disclose more information about its donors. U.S. District Court Judge Sidney Stein said the attorney general did not violate Citizens United’s First Amendment rights by requiring registered charitable organizations to disclose names, addresses, and contributions of big donors before soliciting funds in the state. Citizens United is best known as the plaintiff in the landmark U.S. Supreme Court case that allowed unlimited independent spending by corporations and labor unions in election campaigns.

North Carolina – North Carolina Republicans Accused of Dodging Order to Fix Election Rules
New York Times – Michael Wines | Published: 8/30/2016

When a federal appeals court overturned much of North Carolina’s 2013 election law in July, saying it had been deliberately intended to discourage African-Americans from voting, it also tossed out the ground rules for this year’s elections in a critical swing state. In each of the state’s 100 counties, local elections boards filed new election rules with the state. Now, critics are accusing some of the boards, all of which are controlled by Republicans, of staging an end run around a court ruling they are supposed to carry out. Like the law that was struck down, say voting rights advocacy groups and some Democrats who are contesting the rewritten election plans, many election plans have been intentionally written to suppress the black vote.

Pennsylvania – State Not Tracking Lobbying by Marijuana Companies
Allentown Morning Call – Scott Kraus | Published: 8/25/2016

It is very difficult find out how much has been spent trying to tilt the playing field for a potentially lucrative but also controversial medical marijuana industry that is in its infancy in Pennsylvania. That is because there is no category for lobbyists or the principals they represent to report marijuana lobbying, and state officials have no immediate plans to add one. The lobbying detected in the state’s search for The Allentown Morning Call was reported under the “other” category, where filers wrote in medical marijuana. Many states’ lobbying disclosure laws are weak and fail to track lobbying by subject at all, according to the Center for Public Integrity.

Virginia – The Money Floods in When the General Assembly Gathers
The Daily Press – Dave Ress | Published: 8/28/2016

Virginia lawmakers received more than $227,000 in campaign contributions over the past five years during the days they were actively considering bills, many of which affected donors, a review of more than 100,000 contributions found. State law bans legislators and statewide officials from accepting political donations “on and after the first day of a regular session of the General Assembly through adjournment.” Senate Minority Leader Dick Saslaw accepted $5,000 from Anderson Financial on the first day of the 2016 session. Saslaw said he believes it is legal to receive donations on the morning of the first day of the session, since the Legislature formally convenes at noon.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Inside Facebook’s (Totally Insane, Unintentionally Gigantic, Hyperpartisan) Political-Media Machine
New York Times Magazine – John Herrman | Published: 8/24/2016

Facebook, in the years leading up to this year’s election, has not just become nearly ubiquitous among American internet users; it has centralized online news consumption in an unprecedented way. According to the company, its site is used by more than 200 million people in the U.S. each month. A 2016 Pew study found 44 percent of Americans read or watch news on Facebook. Its algorithms pick text, photos, and video produced and posted by established media organizations large and small, local and national, openly partisan or nominally unbiased. But there is also a new and distinctive sort of operation that has become hard to miss: political news and advocacy pages made specifically for Facebook, uniquely positioned and cleverly engineered to reach audiences exclusively in the context of the news feed.

Study: Outside groups, secret money far more prominent than ever before
Center for Responsive Politics – Robert Maguire | Published: 8/24/2016

A new study shows outside groups that can raise and spend unlimited money, sometimes without disclosing the sources of their funds, make up a larger portion of election spending than at any point in the last 16 years. The two main proponents of the growth in outside groups’ overall share of election advertising are super PACs and politically active nonprofits. The former only came into existence in 2010, and since then has come to dominate the field. Politically active nonprofits, on the other hand, have been active in every cycle going back to 2000, but what may be the same in quality is not the same in quantity. These groups are the driving force behind the growth in “dark money” in elections.

Federal:

Foundation Ties Bedevil Hillary Clinton’s Presidential Campaign
New York Times – Amy Chozick and Steve Eder | Published: 8/20/2016

The Bill, Hillary and Chelsea Clinton Foundation has thrived on the generosity of foreign donors who gave hundreds of millions of dollars to the charity. But as Hillary Clinton seeks the White House, the funding has become an Achilles’ heel for her campaign and, if she is victorious, potentially her administration. With Mrs. Clinton facing accusations of favoritism toward foundation donors during her time as secretary of state, the organization will no longer accept corporate contributions should she win in November. But while the move did not resolve the question of how her administration would handle longtime donors seeking help from the U.S., or whose interests might conflict with the country’s own.

The Lobbying Law at the Center of Manafort’s Trouble with Ukraine
The Hill – Megan Wilson | Published: 8/21/2016

Paul Manafort resigned as Donald Trump’s campaign chairperson after he had been ensnared in a wide-ranging Justice Department investigation about U.S. connections to the alleged corruption by former Ukrainian President Viktor Yanukovych. Questions have been swirling about Manafort’s representation of Yanukovych for years, but recent reports have intensified the drum beats about whether he acted unlawfully as a “foreign agent” by lobbying for a foreign leader without registering that activity. The recent revelations, if true, suggest Manafort could face legal troubles stemming from violation of a World War II-era lobbying statute, the Foreign Agents Registration Act.

From the States and Municipalities:

California – Little-Regulated Accounts Offer a Path to Political Clout in Sacramento
Marin Independent Journal – Jessica Calefati and Kaitlyn Landgraf (Bay Area News Group) | Published: 8/20/2016

Ballot measure committees, the accounts that are supposed to promote or oppose state and local initiatives, are in practice paying for California lawmakers’ consultants and polling firms, new suits, and trips to Mexico. And the money for the politicians’ perks comes in the form of five-figure donations from the same special interests that state rules were intended to curtail. Under the vague language of the law, elected officials can legally operate these committees, but the way they are doing it appears to bend state laws and rules governing how the money may be spent. No state agency adequately monitors the situation. Of the nearly $3 million spent by these committees since 2013, only one dollar out of every four dollars was used to help pass or defeat measures that actually made it to the ballot.

Connecticut – Malloy Releases Funds Withheld from CT Watchdog Agencies
CT Mirror – Keith Phaneuf | Published: 8/19/2016

After criticism from lawmakers and good government groups, Connecticut Gov. Dannel Malloy’s administration relented and restored the $183,000 they had proposed to cut from three watchdog agencies. Following a meeting with the heads of the Office of State Ethics, Freedom of Information Commission, and State Elections Enforcement Commission, the Office of Policy and Management announced it would restore the funding. Office of Policy and Management Secretary Ben Barnes steered clear of acknowledging the budget holdbacks would have violated a 2004 law that prohibits the executive branch from unilaterally cutting the three watchdog agencies. Carol Carson, executive director of the Office of State Ethics, said the agencies are committed to prudently managing their budgets and whenever possible return money at the end of the year to the general fund.

Florida – On 2nd Try, Miami-Dade Commissioners Approve Petition Count
Miami Herald – Douglas Hanks | Published: 8/22/2016

Miami-Dade County commissioners agreed to start counting nearly 130,000 signatures tied to a proposed ballot measure on new campaign finance rules, but warned they still might halt the proposal over concerns raised by county attorneys. Only about 52,000 valid signatures are needed to win a spot on the November ballot. The proposed rules would impose a broad package of restrictions against campaign donations by vendors and lobbyists, prime sources of financial support for county officeholders.

Massachusetts – Donors Behind Charter Push Keep to the Shadows
Boston Globe – Mark Levenson | Published: 8/20/2016

A new $2.3 million ad boosting the expansion of charter schools in Massachusetts lists the campaign’s top five donors on screen, in accordance with state law. But the bland names, including Strong Economy for Growth and Education Reform Now Advocacy, give no hint of who is writing the checks. Four of the five donors to the pro-charter committee are nonprofit groups that do not, under state law, have to disclose their funders, allowing the individuals backing the effort to remain anonymous. The cloak of secrecy surrounding the financing of what could be the most expensive ballot campaign in state history has frustrated election officials and underscored the proliferation of untraceable money in political races across the country.

Missouri – Judge Tosses Out Effort to Keep Missouri Campaign Contribution Limits Off Ballot
St. Louis Post-Dispatch – Kurt Erickson | Published: 8/25/2016

Cole County Circuit Court Judge Patricia Joyce rejected an attempt to remove a voter initiative from the November 8 ballot that would impose limits on campaign contributions in Missouri for the first time since 2008. Attorney Chuck Hatfield said in court that the initiative unfairly limits some classes of businesses and associations from giving money to campaigns, but Joyce ruled the proposal mirrors federal law and is not unconstitutional. The decision will be appealed.

New York – Cuomo Signs Ethics Bill, with Few Cheers
Albany Times Union – Chris Bragg | Published: 8/24/2016

New York Gov. Andrew Cuomo signed legislation that reforms the state’s lobbying, ethics, and campaign finance laws. But watchdog groups criticized the bill for what they say is a failure to address conditions that have fueled some of Albany’s corruption cases in recent years. The new law includes restrictions on independent expenditure groups intended to reduce coordination with a candidate’s campaign. Another provision requires issue-oriented lobbying groups, designated as 501(c)(4) organizations, that spend more than $15,000 in a year on lobbying to disclose donors who give more than $2,500. The previous limits had been $50,000 and $5,000.

New York – NY State Ethics Watchdog Investigating Nonprofit with Ties to Large Corporate Political Donor
Nonprofit Quarterly – Larry Kaplan | Published: 8/23/2016

The New York Joint Commission on Public Ethics is looking into the nonprofit Pledge 2 Protect, created in 2013 to fight a marine waste transfer station on Manhattan’s Upper East Side. By law, nonprofits like Pledge 2 Protect must, if they spend more than $50,000 on lobbying, report the names of donors who contribute more than $5,000. Those amounts would be cut in half under a law awaiting Gov. Andrew Cuomo’s signature. Almost $700,000 made its way to Pledge 2 Protect the year it was formed with no indication of where the money really came from. The money was given first to a law firm, then to the group, so the only name that had to be disclosed was that of the law firm, not the actual donors. Among the opponents of the waste transfer station was Glenwood Management, a real estate firm that figured prominently in the corruption case against former Assembly Speaker Sheldon Silver.

Tennessee – Power Opens Door to Sexual Harassment
The Tennessean – Dave Boucher and Joel Ebert | Published: 8/21/2016

Powerful institutions and harassment at times go hand-in-hand. State Capitols are sometimes hotbeds of sexual harassment themselves. Most Legislatures are largely male, part-time, and require members to travel away from home, creating a fraternity atmosphere. In Tennessee, where 22 out of 132 lawmakers are women and 85 percent are white, the political culture has included limited policies and safeguards, leaving women with few options.

Wisconsin – Ethics Commission Will Be Able to Make Political Donations
Minneapolis Star Tribune – Scott Bauer (Associated Press) | Published: 8/23/2016

Members of the Wisconsin Ethics Commission will be able to make political donations. The commission voted to continue with the current practice allowing them to give to candidates and campaign committees. Nothing in state law bars Ethics Commission members from donating to the very politicians they are regulating. Commission members are partisan appointees, unlike their predecessors on the Government Accountability Board who were judges and prohibited under the law from donating.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Will Donald Trump Hand State Capitols to Democrats?
The Atlantic – Russell Berman | Published: 8/12/2016

With Donald Trump’s falling poll numbers, some Democrats see an opportunity to not only put Hillary Clinton in the White House, but wrest control of the U.S. Senate and shrink the party’s gap in the House, if not flip it entirely. There could also be a Trump effect that could shape the political landscape further into the future: the elections for control of state Legislatures. With more states in play, Democrats are now aiming to flip at least 10 and as many as 13 legislative chambers. The stakes for control of state governments are all the higher because unlike Congress, Legislatures outside Washington, D.C. have been hotbeds of activity rather than gridlock.

Federal:

Obama Facing Pressure to Rip Up His Lobbyist Rules
Politico – Sarah Wheaton | Published: 8/12/2016

Some are calling on President Obama to revoke the executive order that restricts lobbyists from serving in the White House. “There are political optics reasons why there’s a lot of attractiveness to make the ethics bars really strict, but in governing, you’ve got to be careful that you’re not losing on actual talent,” said Max Stier, the head of a nonprofit that is working to facilitate an orderly transition of power after the election. But ending the order could be seen as an acknowledgment Obama failed to uphold one of the major pledges of his 2008 campaign, or the change he brought was not enduring. The debate also reveals a broader disagreement among watchdogs about how effective his administration has been at filling the government with knowledgeable public servants who deserve the voters’ trust.

The Psychiatric Question: Is it fair to analyze Donald Trump from afar?
New York Times – Benedict Carey | Published: 8/15/2016

The American Psychiatric Association in 1973 declared it unethical for any psychiatrist to diagnose a public figure’s condition “unless he or she has conducted an examination and has been granted proper authorization for such a statement.” Now, Donald Trump’s incendiary, stream-of-consciousness pronouncements have strained that rule to the breaking point, exposing divisions in the field over whether such restraint is appropriate today. Supporters of the guideline have cited three main rationales for adhering to it: most diagnoses made from a distance turn out to be wrong; the labels themselves can cause real harm to the person and family members; and the practice undermines the field’s credibility. But the psychoanalyzing of public figures by commentators, columnists, and pop psychologists has a bipartisan history.

Trump Chair Routed Ukrainian Money to D.C. Lobbyists
Politico; Associated Press –   | Published: 8/17/2016

Donald Trump’s campaign chairperson, Paul Manafort, helped a pro-Russian political party in Ukraine secretly funnel more than $2 million to two lobbying organizations in Washington, D.C., the Associated Press reported. Citing unidentified sources with knowledge of the effort, the AP reported the payments were concealed in order to mask the party’s efforts to influence U.S. lawmakers. Lobbyists in the U.S. are required by law to register as foreign agents if they receive funding from other nations’ leaders. The New York Times has reported that Manafort’s name was found in a secret ledger in Ukraine, which listed more than $12 million in cash payments to the political operative, which he has since denied receiving.

Trump Shakes Up Campaign, Demotes Top Adviser
Washington Post – Robert Costa and Jose DelReal | Published: 8/17/2016

Donald Trump has shaken up his presidential campaign for the second time in two months, hiring a top executive from the conservative website Breitbart News and promoting a senior adviser in an effort to right his faltering campaign. Paul Manafort, the campaign chairperson, will retain his title. But the staffing change was seen by some as a demotion for Manafort. People briefed on the move said it reflected Trump’s realization that his campaign was at a crisis point. But it indicates that Trump, who has chafed at making the types of changes his current aides have asked for, even though he had acknowledged they would need to occur, has decided to embrace his aggressive style for the duration of the race.

From the States and Municipalities:

Alabama – Ethics Commission Schedules Special Meeting to Address Backlog
AL.com – Mike Cason | Published: 8/15/2016

Alabama Ethics Commission Executive Director Tom Albritton said the agency has a backlog of requests for advisory opinions and will hold a special meeting on September 1 to address them. Albritton said the meeting was not specifically about requests related to former House Speaker Mike Hubbard’s trial. But he said the commission received a large number of opinion requests in July. Hubbard was convicted of 12 felony ethics violations in June. The commission normally meets every 60 days, and its next regular meeting will be in October. Albritton said he did not want those requesting opinions to have to wait until then.

District of Columbia – ‘Shadow Campaign’ Donor and Mastermind Sentenced to Three Months Behind Bars
Washington Post – Ann Marimow, Mike DeBonis, and Rachel Weiner | Published: 8/15/2016

A District of Columbia businessperson who poured millions of illegal dollars into city, state, and federal elections was sentenced to three months in jail. Jeffrey Thompson acknowledged setting up a slush fund to help Vincent Gray get elected mayor of Washington in 2010. He also gave more than $600,000 in illegal funds to help Hillary Clinton’s 2008 presidential bid. Prosecutors had asked for six months of home confinement, in part because of Thompson’s cooperation in the case. But U.S. District Court Judge Colleen Kollar-Kotelly said home confinement was “not sufficient” punishment. The judge also ordered Thompson serve 36 months’ probation and pay a $10,000 fine.

Missouri – Faith Leaders Go on Trial for Protesting Missouri Senate for Medicaid Expansion
St. Louis Post-Dispatch – Celeste Bott | Published: 8/15/2016

Prosecutors are moving forward with a case against 23 clergy members arrested after participating in a Missouri Senate protest. Authorities charged the clergy with obstructing government operations and first-degree trespassing after they and a few hundred others in 2014 protested lawmakers’ refusal to accept federal dollars to expand the state’s Medicaid program. Protesters filled the Senate’s public galleries, and chanted and sang before police arrested the clergy members. Typically, charges for these kind of political demonstrations are dropped or not pursued by prosecutors, making this trial unusual.

New Jersey – ELEC Unable to Meet Because of Vacancies
NJTV News – Briana Vannozzi | Published: 8/17/2016

The New Jersey Election Law Enforcement Commission (ELEC) has been unable to meet for the past five months. Three out of the four seats are vacant, and because ELEC needs at least two members to hold a quorum, the sole member has been left waiting on the sidelines. It is up to the governor’s office, with the advice and consent of the state Senate, to make the appointments. Historically speaking, the makeup of the commission has been non-partisan with two Democrats and two Republicans. But with political gridlock in Trenton becoming the new norm, the process has stalled.

New York – For Cuomo, Passing Ethics Bill Was Urgent, Signing It Was Not
Gotham Gazette – David Howard King | Published: 8/12/2016

New York Gov. Andrew Cuomo has yet to request the Legislature send him an ethics reform package he personally designed and pushed lawmakers to pass. Announced by Cuomo late in the legislative session, the actual bill was then a mystery for days before being introduced in the wee hours of the morning on the final day of the session. Thanks to the governor’s message, legislators were able to pass it within hours despite mostly not being familiar with the bill. While the governor has not even called the bill to his desk, the Joint Commission on Public Ethics approved a series of emergency regulations prompted by the bill that will go into effect 30 days after Cuomo does sign it.

Pennsylvania – Gifts to Seth Williams Create Conflicts
Philadelphia Inquirer – Tricia Nadolny, Aubrey Whelan, and Chris Brennan | Published: 8/18/2016

Philadelphia District Attorney Seth Williams amended his annual financial disclosure reports to include $160,050 in gifts from 2010 to 2015 that he had failed to list. Among them are four family vacations at the Key West beach house of Philadelphia lawyer Richard Hoy. During the same period, Hoy represented scores of defendants facing charges brought by Williams’ office. Observers see it as one of several red flags scattered among the newly disclosed gifts. Williams received $800 in cash for Christmas from members of his security detail; $6,000 in tickets, trips, and gift cards from a defense attorney who later was elected judge with Williams’ backing; and sideline passes from the Philadelphia Eagles, a team that has seen former and current players investigated by Williams’ office.

Pennsylvania – Jury: A.G. Kane guilty of perjury, obstruction, all other charges
Philadelphia Inquirer – Craig McCoy, Angela Couloumbis, and Laura McCrystal | Published: 8/15/2016

A jury found Pennsylvania Attorney General Kathleen Kane guilty on perjury and obstruction charges, leaving the state’s top prosecutor facing a potential prison term for what was called a case of political retribution at her trial. One day after the verdict, Kane announced her resignation. Prosecutors painted a picture of Kane trying to “go on the offensive” after a newspaper article criticized her for shutting down an undercover investigation into possible corruption by state representatives. Prosecutors say she believed former Chief Deputy Attorney General Frank Fina was behind the story. Kane was accused of leaking secret grand jury documents to the news media in an effort to discredit Fina, and then lying to cover it up.

South Dakota – Charles Koch’s Network Launches New Fight to Keep Donors Secret
USA Today – Fredreka Schouten | Published: 8/16/2016

Americans for Prosperity, the largest activist group in the policy and political empire founded by Charles and David Koch, launched a coalition this year to fight South Dakota’s Initiated Measure 22, which calls for public disclosure of donors who fund advocacy efforts, the creation of a state ethics commission, and public financing of campaigns. It also limits lobbyists’ gifts to elected officials and lowers the amount of campaign contributions to candidates, parties, and political action committees. The South Dakota campaign marks the latest in a string of battles the Koch network has waged around the country to block efforts to disclose contributors’ identities.

Texas – Pool Offers Changes to Lobby Ordinance
Austin Monitor – Jo Clifton | Published: 8/17/2016

City Councilperson Leslie Pool revised her legislation that would reform Austin’s lobbying ordinance after her initial proposal met with resistance. The new ordinance requires registration only for lobbyists who earn at least $2,000 in compensation during a quarter and work at least 26 hours on lobbying during that quarter. The current ordinance requires a person to register if he or she earns just $200 a quarter, with no hourly requirements. The revised measure also would eliminate the term “incidental lobbying,” a phrase included in current city regulations. If the ordinance passes as Pool is proposing, lobbyists will also have to report their compensation within ranges, which is not required under current law. Pool is also seeking to do away with Austin’s antiquated reporting system.

Washington – Can State Lawmakers Use GoFundMe to Attend National Conventions – and Not Report Donors?
Tacoma News Tribune – Melissa Santos | Published: 8/16/2016

A few Washington lawmakers were chosen to attend the Democratic National Convention as delegates, and some solicited donations online to help cover their cost of attendance. Legislative attorneys issued informal advice that such donations do not violate state ethics rules and do not need to be reported. But members of the Legislative Ethics Board questioned that reasoning during a recent meeting, wondering whether contributions made through crowdfunding sites like GoFundMe provide a covert way for lobbyists to influence state lawmakers while evading normal reporting requirements. The board asked for a report on whether lawmakers must disclose who helps them attend national conventions.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

The Crusade of a Democratic Superlawyer with Multimillion-Dollar Backing
Washington Post – Robert Barnes | Published: 8/7/2016

Marc Elias, a go-to lawyer for Democrats in recount fights and redistricting battles, has now taken a prominent and somewhat controversial place among the coalition of groups challenging a wave of state election laws that were rewritten in recent years. With a multimillion-dollar commitment from George Soros, Elias is challenging laws that, he argues, diminish the impact of important Democratic Party constituencies of African Americans, Latinos, and young people. The states say they are seeking to combat voter fraud and protect confidence in the electoral process. But in the past month, a long list of judges, appointed by both Democrats and Republicans, have found the threat either negligible or nonexistent. Instead, the judges said, there is evidence the laws hinder minority participation in the process.

Federal:

How Think Tanks Amplify Corporate America’s Influence
New York Times – Eric Lipton and Brooke Williams | Published: 8/7/2016

Think tanks have power in government policy debates because they are seen as researchers independent of moneyed interests. But in the chase for funds, think tanks are pushing agendas important to corporate donors, at times blurring the line between researchers and lobbyists. And they are doing so while reaping the benefits of their tax-exempt status, sometimes without disclosing their connections to corporate interests. On issues as varied as military sales to foreign countries, international trade, highway management systems, and real estate development, think tanks have frequently become vehicles for corporate influence and branding campaigns.

Think Tank Scholar or Corporate Consultant? It Depends on the Day
New York Times – Eric Lipton, Nicholas Confessore, and Brooke Williams | Published: 8/8/2016

The New York Times found an array of researchers at think tanks who had simultaneously worked as registered lobbyists, members of corporate boards, or outside consultants in litigation and regulatory disputes with only intermittent disclosure of their dual roles. With their expertise and authority, think tank scholars offer themselves as independent arbiters. But the analysis identified examples of scholars conducting research while corporations were paying them to help shape government policy. Many think tanks also confer “nonresident scholar” status on lobbyists, former government officials, and others who earn their primary living working for private clients. Largely free from disclosure requirements, the researchers’ work is often woven into elaborate corporate lobbying campaigns.

Trump’s Long Dalliance with Violent Rhetoric
Politico – Michael Crowley | Published: 8/10/2016

Even before Donald Trump’s remark that “Second Amendment people” might stop Hillary Clinton’s Supreme Court appointments, his associates and supporters had repeatedly called for violence against Clinton and Barack Obama, while right-wing leaders and militia groups that support Trump speak of an armed response to federal gun control efforts. Trump’s campaign said his remark was merely a call for gun owners to vote against Clinton this fall. But Democrats said Trump had, at a minimum, made a horribly ill-advised joke about mounting armed resistance. Some analysts said whatever Trump’s intended meaning, the comment was dangerous in a campaign already colored by violence, from assaults on protesters at Trump rallies to talk of rebellion and civil war among his far-right supporters.

From the States and Municipalities:

Alabama – How the University of Alabama System Funneled $1.4 Million Through a ‘Dark Money’ Web
AL.com – Connor Sheets | Published: 8/7/2016

Established and managed by current and former University of Alabama System officials, the Alabama Association For Higher Education operates outside public view as a “dark money” nonprofit. By funneling more than $1.4 million through the group, the UA System has been able to influence state government without illegally donating directly to candidates or having to report its spending on campaign finance disclosures. It is an approach that experts describe as either unique among the nation’s universities or the local representation of a growing but unnoticed national trend.

California – ‘It Became a Price War’: Signature gatherers rake in top dollar with crowded field of ballot initiatives
Los Angeles Times – Christine Mai-Duc | Published: 8/9/2016

Some individuals in California have benefited from what consultants and petition-gathering firms are calling an unprecedented year in the signature business. The number of initiatives circulated combined with the top dollar that many campaigns were willing – or, in some cases, forced – to pay to get them qualified for the November ballot has surprised veterans of the craft. Angelo Paparella, president of National Petition Management, one of the biggest firms managing the signature-gathering process for statewide campaigns, and his competitors, who often deal directly with campaign consultants, usually employ petition coordinator firms and contractors, who in turn recruit, train, and manage street teams of signature gatherers. Carl Towe, who owns one such coordinating firm, said he has never seen pay like this in the 30 years he has worked in the field.

California – Santa Monica Lobbyists Required to Register with City Hall
Santa Monica Daily Press – Matthew Hall | Published: 8/11/2016

The Santa Monica City Council passed new rules that will require lobbyists to register and report their activities. Registration opens September 19 and all lobbyists will have to register within 10 days of any lobbying activity or by October 31, whichever is first. The fees are $40 for initial registration and $25 for amendments and annual renewal.

California – The Coliseum Case is the Latest Embarrassment for D.A.’s Corruption Unit
Los Angeles Times – Paul Pringle and Rong-Gong Lin II | Published: 8/6/2016

A case that grew out of a Los Angeles Times investigation in 2011 has become the latest embarrassment for the Los Angeles County district attorney’s office, which had already racked up a number of missteps in other high-profile, government corruption prosecutions. Two concert promoters accused in a bribery-and-embezzlement scheme involving raves at the Los Angeles Memorial Coliseum will avoid serving any jail time under a plea bargain with prosecutors who acknowledged they mishandled evidence in the high-profile corruption case. Boston College Law School professor George Brown said the district attorney’s office, like other county prosecution agencies, might be better off leaving public corruption cases to their federal counterparts.

Connecticut – Documents: Feds’ interest in Democrats’ Malloy fundraising predated 2014 election
Hartford Courant – Jon Lender | Published: 8/9/2016

The federal investigation into Connecticut Gov. Dannel Malloy’s re-election campaign began even before Election Day 2014, emails between the U.S. attorney’s office and the State Elections Enforcement Commission (SEEC) show. The emails indicate federal prosecutors contacted the SEEC at around the time that Republicans first filed a complaint alleging Malloy and state Democrats were trying to circumvent the Connecticut’s clean election law. A grand jury has been meeting to examine the Democrats’ fundraising since late April and has a subpoenaed contractors and state Democratic staffers.

Hawaii – How Ethics Commission Upheaval Is Playing Out in The Mayor’s Race
Honolulu Civil Beat – Nick Grube | Published: 8/8/2016

Mayoral candidates Charles Djou and Peter Carlisle have been sharpening their attacks in the weeks leading up to the August 13 primary, saying Honolulu Mayor Kirk Caldwell does not care about ethics in government. Over the past several months, the city Ethics Commission has seen its longtime executive director, Chuck Totto, resign under pressure and its sole investigator quit while protesting the heavy-handed management practices of the political appointees who oversee the agency. Ethics investigations have lapsed, and the commission now finds itself fighting to maintain its credibility in an environment in which citizens across the country are becoming increasingly mistrustful of their government.

Illinois – Judge Denies Blagojevich’s Bid to Lighten 14-Year Sentence
ABC News – Michael Tarm (Associated Press) | Published: 8/9/2016

A federal judge resentenced former Illinois Gov. Rod Blagojevich to 14 years in prison for his corruption conviction, reaffirming the decision originally handed down more than four years ago. Blagojevich won a chance at resentencing after an appellate court vacated five of 18 charges related to a scheme in which he tried to use his power as governor to extract favors and campaign money from other politicians. The former governor had requested the judge to reduce his sentence to five years in prison. Prosecutors called on U.S. District Court Judge James Zagel to keep the 14-year prison term in place, arguing Blagojevich did not deserve leniency, noting his corruption eroded trust in public officials.

Missouri – Contribution Limits, Tobacco Tax Increase Gain Enough Signatures to Appear on Missouri Ballot
Kansas City Star – Jason Hancock | Published: 8/9/2016

Secretary of State Jason Kander certified four ballot initiatives to go before voters in November, including two a limit on campaign contributions. The effort to reinstall contribution limits would amend the state constitution to cap donations to statewide candidates at $2,600. It also seeks to ban political committees from obscuring the source of their money, a tactic that has become more prevalent in recent years.

New York – Cuomo Cabinet Boat Trip Highlights Campaign Finance Law Concerns
Gotham Gazette – David Howard King | Published: 8/11/2016

The highest ranking members of Gov. Andrew Cuomo’s administration recently boarded a boat in Columbia County and embarked for New York City. It was formally called a cabinet retreat, and the stated purposes for the trip was government related, separate from any strategizing for Cuomo’s 2018 re-election bid. And yet the administration says the cost of the boat trip was paid from the governor’s campaign funds. The use of campaign money to pay for government staff to take a working field trip appears to be completely legal under the state’s campaign finance law, but critics of the system say the law is too loose. Those who want to see reform say the current system allows elected officials to take in significant donations, including from entities with government business, and enhance their lifestyles by paying for extravagant meals, cars, and trips.

New York – Sparks at JCOPE Over Retroactive Donor Disclosure
Albany Times Union – Chris Bragg | Published: 8/9/2016

The Joint Commission on Public Ethics (JCOPE) passed regulations that will govern the state’s lobbying disclosure rules should New York Gov. Andrew Cuomo sign an ethics reform package, as expected. Under current law, issue-oriented lobbying groups designated as 501(c)(4)s that spend more than $50,000 annually on lobbying must report donors of more than $5,000. The new law would lower those limits to capture groups that spend just $15,000 a year, and require their disclosure of donors of more than $2,500. Under the revised rules, the new, lower contribution limits would apply to donations and lobbying spending between July and December of this year, assuming Cuomo signs the bill.

Tennessee – Tennessee Lawmaker Convicted of Felony Tax Fraud
ABC News; Associated Press –   | Published: 8/8/2016

A federal jury found Tennessee Rep. Joe Armstrong guilty on one count of filing a false tax return and an acquitted him on two other related felonies. Armstrong made roughly $321,000 when he used tobacco wholesaler Tru Wholesale to buy cigarette tax stamps for him at the 2006 rate of 20 cents per pack and then sell them after a 42-cent hike went into effect in 2007. Armstrong voted for the tax hike. It was not a crime for Armstrong to profit from a law on which he voted, nor was it a crime for Tru Wholesale owners Boyd Wyatt and Roger Cox to cut Armstrong in on the deal to hoard tax stamps until the hike went into effect. Hiding the money from the IRS, however, is criminal.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Left Turns to Ballot Measures to Enact Political Change
The Hill – Reid Wilson | Published: 8/2/2016

Liberals are turning to ballot measures to pursue other progressive goals that would be impossible to advance in Republican-controlled state Legislatures. Even in states where Democrats have political power, such as in California, activists have turned to ballot measures to speed their agenda. The rush of liberal ballot issues is something of a reversal from the last several decades, when conservatives used the initiative process to pass limits on taxes, implement term limits for state legislators, roll back regulations, and push contentious social issues.

The States Where Third-Party Candidates Perform Best
The Atlantic – Russell Berman and Andrew McGill | Published: 8/2/2016

It seems that voters might be more likely to support third-party candidates when they feel their vote would not actually impact the election. Researchers collected state vote totals for every presidential election since 1980, comparing how the closeness of a state’s vote correlated to the relative popularity of outside candidates. The correlation between support for the long shots and a state’s ideological one-sidedness was stronger in elections after 2000, when many Democrats blamed Floridians who voted for Ralph Nader for throwing the presidency from Al Gore to George W. Bush. This correlation disappears when the third-party candidate is a recognizable or compelling figure.

Women Are Finally Breaking into the Top Tier of Political Donors
Washington Post – Matea Gold | Published: 8/2/2016

Slowly, more female donors are breaking into the top echelon of political donors, a domain traditionally dominated by male millionaires and billionaires. The biggest female donors of 2016 gave nearly $63 million to super PACs through the end of June. That puts them on track to surpass major female contributors in the 2012 elections. The boost reflects what donors and fundraisers in both parties say they see happening behind the scenes: while still outstripped by men, more wealthy women are seizing on the opportunities to finance super PACs and other big-money groups that opened up in the wake of the U.S. Supreme Court’s Citizen United decision. Their stepped-up participation is driven by an improved economic status and an increasing recognition that they need to play in the political arena to have an effect.

Federal:

Court: Super PACs can be named after candidates
Politico – Josh Gerstein | Published: 8/2/2016

A federal appeals court effectively loosened the already lax regulations governing the relationship between campaigns and outside groups. A panel of judges of the District of Columbia Court of Appeals ruled the FEC had violated the First Amendment in restricting super PACs from naming themselves, or their fundraising initiatives, after the candidates they support. “The title is a critical way for committees to attract support and spread their message because it tells users that the website or Facebook page is about the candidate,” wrote Judge Thomas Griffith. The court said the FEC could address its concerns by forcing Super PACs to publish “a large disclaimer at the top of [its] websites and social media pages.”

GOP Reaches ‘New Level of Panic’ over Trump’s Candidacy
Washington Post – Philip Rucker, Dan Balz, and Matea Gold | Published: 8/3/2016

Donald Trump is facing a whirlwind of criticism from Republican leaders as he fends off reports of a staff shake up, an intervention, and even rumblings he could be urged to step aside as the party’s nominee. Trump allies publicly urged the candidate to reboot, furious that he has allowed his confrontation with the Muslim parents of slain soldier Humayun Khan to continue for nearly a week. They also are angry with Trump because of his refusal to endorse two of the GOP’s top elected officials, House Speaker Paul Ryan and Sen. John McCain, ahead of their coming primary elections. Former Speaker Newt Gingrich, one of Trump’s most loyal defenders, warned that his friend was in danger of throwing away the election and helping to make Clinton president.

Lobbyists Woo Potential Freshmen Long Before Election Day
Roll Call – Kate Ackley | Published: 8/2/2016

Lobbyists do not wait until after Election Day to begin courting next year’s freshman class in Congress. Influencers are already reaching out to prospective senators and House members, hosting fundraisers and meet-and-greets at which they can provide connections and help swell candidates’ campaign coffers. The relationships do not guarantee access once the lawmaker takes office. But they have provided outlets for lobbyists to offer advice on potential staff hires or help newly settled lawmakers and aides find their way around Washington, D.C.

From the States and Municipalities:

California – S.F. Ballot Measure Takes Aim at Lobbyists’ Fundraising
San Francisco Public Press – Noah Arroyo | Published: 8/1/2016

The San Francisco Ethics Commission has voted to put a measure on the November ballot that supporters say would restrict certain lobbyist behaviors that create – or appear to engender – a quid-pro-quo relationship between them, their clients, and the elected or appointed officials they seek to influence. If voters pass the measure this fall, beginning in 2018, lobbyists represent private interests would have to notify City Hall ahead of time when they planned to lobby specific agencies. And during elections, lobbyists could no longer give personal donations to candidates running for office in those agencies, or deliver bundle contributions on behalf of their clients or anyone else. The proposition would also ban all lobbyists from giving gifts to city and county officials or their family members.

Connecticut – Budget Director: Governor can cut watchdog agencies’ funding
Washington Times – Susan Haigh (Associated Press) | Published: 8/3/2016

Office of Policy and Management Secretary Ben Barnes contends Connecticut Gov. Dannell Malloy has the legal authority to withhold funding from the state’s watchdog agencies, despite 2004 legislation prohibiting governors from reducing the annual budgets of the State Elections Enforcement Commission, the Office of State Ethics, and the Freedom of Information Commission. Carol Carson, executive director of the Office of State Ethics, said the leaders of the three groups plan to seek an advisory opinion from state Attorney General George Jepsen on whether Malloy has the ability to make the reductions. “You can only cut so much and then you start to say, ‘We can’t do our mission,'” Carson said. “Further cuts will really damage our ability to do our basic core functions.”

Florida – Petition Drive Could Change How Miami-Dade Political Campaigns Are Financed
Miami Herald – David Smiley | Published: 8/2/2016

Activists submitted more than 125,000 signed petitions to potentially force a vote in November on a referendum that would limit contributions to candidates for county commission, mayor, and school board to $250 per person or corporation. Major county vendors and their lobbyists and principals would be barred from donating to candidates. And a system that affords candidates matching public contributions for donations of up to $100 by county residents would potentially enable candidates to multiply those donations six-fold. If enough signatures are verified, county commissioners will have to decide in the coming weeks whether to adopt proposed campaign finance legislation themselves or put the issue before voters.

Kansas – Kansas Republicans Reject Gov. Sam Brownback’s Conservatives in Primary
New York Times – Mitch Smith | Published: 8/3/2016

Moderate Republican candidates ousted at least 11 conservative state lawmakers allied with Kansas Gov. Sam Brownback in primary elections across the state. The results were widely seen as a repudiation of a second-term governor whose popularity has plummeted amid sustained budget gaps and ensuing sharp cuts in state spending. And they likely mean the staunchly conservative state Legislature will move back toward the center in 2017. In addition, Republicans in one congressional district voted out U.S. Rep. Tim Huelskamp, a farmer who had become a tea party favorite in Washington but had annoyed party stalwarts.

Massachusetts – Mass. Insiders Turn to Lobbying Careers
Boston Globe – Mark Arsenault and Andrew Ryan | Published: 7/31/2016

Many times, consultants who help candidates win elections in Massachusetts then go on to represent corporate clients with interests before the new officeholder – even, in some cases, as they continue to advise the officials they helped elect. The relationships can be hard to scrutinize at the state level, where whole swaths of government are exempt from the public records law. Whether consultants are selling their access to officials or not, “there is almost always an appearance of conflict of interest in these situations,” said Pam Wilmot, executive director of Common Cause Massachusetts.

North Carolina – 4th U.S. Circuit Judges Overturn North Carolina’s Voter ID Law
Charlotte Observer – Anne Blythe (Raleigh News & Observer) | Published: 7/29/2016

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit struck down North Carolina’s voter identification law. The panel agreed with allegations that the state’s law selectively chose voter-ID requirements, reduced the number of early-voting days, and changed registration procedures in ways meant to harm blacks, who overwhelmingly vote for the Democratic Party. The ruling tossed out the state’s requirement that voters present photo identification at the polls and restored voters’ ability to register on Election Day, to register before reaching the 18-year-old voting age, and to cast early ballots, provisions the law had fully or partly eliminated. The court also held that the ballots of people who had mistakenly voted at the wrong polling stations should be deemed valid.

Ohio – Ethics Commission Tells Columbus Leaders to Pay Up for Buckeye Junket
Columbus Dispatch – Lucas Sullivan | Published: 8/1/2016

The Ohio Ethics Commission ordered four current and former members of the Columbus City Council to pay the market value for a trip they took to an Ohio State football game. The council members took the trip with lobbyist John Raphael. Mayor Andrew Ginther, Councilperson Shannon Hardin, Franklin County Municipal Court Judge Eileey Paley, and former council member Michele Mills were told to pay nearly $700 for the trip, not just the $250 they each spent to attend the Big Ten Championship game in 2014. Raphael was sentenced to 15 months in prison in a separate case after he pleaded guilty to extorting money from Columbus’ red-light-camera vendor for campaign contributions to city officials.

Virginia – Lobbyists Spend Less on High-End Eats, Lawmakers Spend More
Albany Times Union – Alan Suderman (Associated Press) | Published: 8/2/2016

Revelations that former Gov. Robert McDonnell and his family accepted more than $175,000 worth of gifts and loans from a businessperson led Virginia lawmakers to put limits on the largess they could legally receive in 2014. Lobbyists remain big spenders, shelling out more than $543,000 on their efforts to convince state officials to favor their clients in the six months that ended April 30, which includes the entertaining that traditionally accompanies General Assembly sessions. But lobbyists seem to be taking legislators out to somewhat cheaper restaurants, while lawmakers are more frequently covering the cost of eating out with their campaign accounts. The reforms requiring more disclosure of gifts say lobbyists must identify officials attending their events if the average cost exceeds $50.

Wisconsin – Judge Strikes Down Wisconsin Voter ID, Early Voting Laws
Milwaukee Journal Sentinel – Patrick Marley and Jason Stein | Published: 7/30/2016

A federal judge threw out as unconstitutional a host of Wisconsin election laws passed in recent years, saying they unfairly benefited Republicans who had enacted them and made it more difficult for Democrats to vote. U.S. District Court Judge James Peterson’s ruling keeps in place the state’s voter identification law, unlike recent rulings in North Carolina and Texas, but he ordered broad changes. The sweeping ruling will not affect Wisconsin’s August 9 primary, but will take effect for the November presidential election unless overturned on appeal.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Federal:

A Worry if Clinton Wins: An idle ex-president in the White House
New York Times – Patrick Healy | Published: 7/26/2016

It is not clear how Bill Clinton would function as America’s first gentleman. Advisers to Hillary Clinton said she has not yet decided if she will offer her husband a formal role if elected but noted he will cease working for the Clinton Foundation, would not be a regular at Cabinet meetings, and will do what is asked of him. Beyond that, however, details are scant. The steps that Clinton aides are planning to shape his new life do little to address a potentially thornier problem: historically, when Bill Clinton does not have a job to do, he gets into trouble.

Democrats Discreetly Turn Attention to Presidential Prospects of the Future
New York Times – Michael Shear | Published: 7/26/2016

On the main stage at the Wells Fargo Center and along the sidelines of the Democratic National Convention, more than a dozen senators, mayors, governors, cabinet members, and state lawmakers are carefully peeking past this year’s presidential election to 2020 or 2024 as they work ballrooms full of delegates, donors, and activists who would be critical to the pursuit of a national campaign. Compared with Republicans, Democrats have seen fewer of their young members rise to top positions in Washington, D.C., which can be a springboard to the White House.

DNC Turmoil Confirms Warnings: Hackers are targeting campaigns
Politico – Eric Geller | Published: 7/24/2016

The downfall of Democratic National Committee Chairperson Debbie Wasserman Schultz marks a groundbreaking moment that cybersecurity experts have long seen coming: hackers are making a significant impact on a major U.S. political campaign. Cybersecurity experts have warned for years that campaigns and political parties are woefully weak in securing their data, despite the wealth of sensitive information they carry in their computer networks and email accounts. It is an ideal scenario for all kinds of cyber wrongdoers – foreign adversaries trying to swing elections, intelligence agencies seeking information on future officials, hacktivist groups looking to grab attention, and black market hackers trying to make a quick buck.

Donald Trump Calls on Russia to Find Hillary Clinton’s Missing Emails
New York Times – Ashley Parker and David Sanger | Published: 7/27/2016

Donald Trump dared a foreign government to commit espionage on the U.S. to hurt his rival, smashing yet another taboo in American political discourse and behavior. “Russia, if you’re listening, I hope you’ll be able to find the 30,000 emails that are missing,” Trump said, referring to deleted emails from the private account Hillary Clinton used as secretary of State. “I think you’ll probably be rewarded mightily by our press.” The comments immediately drew widespread attention because they lend the impression that Trump is actively encouraging another country to commit a cybercrime against the U.S. to directly affect the presidential election. If the emails are hacked and Trump wins, it also could make him appear beholden to foreign interests.

For Special Interests, the Real Party Is Outside the Convention
Center for Public Integrity – Carrie Levine and Dave Levinthal | Published: 7/22/2016

A Rick Springfield concert at the Republican National Convention was billed as “a tribute to the House Republican Whip Team” and was to benefit charity, even though there was no admission fee. During the convention, dozens of organizations sponsored such events, all with an interest in gaining access to lawmakers and power brokers. The gatherings are almost all crafted to fit into exemptions in gift and ethics rules that allow members of Congress to come to “widely attended events” or charitable fundraisers. “These exemptions very quickly become major loopholes to allow lobbyists and others to put on events for officeholders and allow officeholders to go to them for free,” said Lawrence Noble, general counsel for the Campaign Legal Center.

In Hacked D.N.C. Emails, a Glimpse of How Big Money Works
New York Times – Nicholas Confessore and Steve Eder | Published: 7/25/2016

The leaked documents from the Democratic National Committee included thousands of emails exchanged by party officials and fundraisers, revealing in rarely seen detail the elaborate, ingratiating, and often bluntly transactional exchanges necessary to collect hundreds of millions of dollars from the party’s wealthy donors. The emails capture a world where seating charts are arranged with dollar totals in mind, where a White House celebration of gay pride is a thinly disguised occasion for rewarding wealthy donors, and where physical proximity to the president is the most precious of currencies.

IRS Gives Opposite Rulings to Convention Committees
Bloomberg BNA – Kenneth Doyle | Published: 7/25/2016

When Cleveland’s host committee for the Republican National Convention applied for charitable tax-exempt status nearly two years ago, approval by the IRS came in just 12 days. Philadelphia’s host committee for the Democratic National Convention was not so lucky. While neither the committee nor the IRS will discuss details, it is clear that approval of the Philadelphia committee’s request for the same charitable tax-exempt status did not come quickly and ultimately was denied. The Philadelphia host committee reportedly is trying to work around fundraising problems caused by IRS disapproval of its exempt status. The full impact of the IRS ruling is not yet clear, partly because the host committee is asking a state court to keep information about its donors under wraps until a federal disclosure report must be filed with the FEC two months after the convention ends.

Lobbyists Celebrate Democratic Party’s New Embrace at Convention
Time – Jay Newton-Small | Published: 7/26/2016

Heather Podesta wore a scarlet letter “L” to the last two Democratic National Conventions, a not so subtle protest over Barack Obama’s ban on lobbyists like her donating money to his cause. Podesta’s scarlet letter is gone this week because Hillary Clinton and the Democratic National Committee have lifted the ban. Podesta is just one of a legion of lobbyists coming out of the proverbial closet this convention, free to raise money, support candidates, and be proud of it for the first time in nearly a decade. Campaign finance reformers have watched the change happen with dismay.

Report: FEC leaders, managers share blame for horrid morale
Center for Public Integrity – Dave Levinthal | Published: 7/26/2016

The office of the FEC’s inspector general for months has conducted employee surveys and interviews in hopes of answering a nagging question: why, specifically, is agency morale so consistently poor? Investigators place the most blame on the six commissioners: three Democratic appointees and three Republican appointees who have regularly criticized one another and frequently deadlocked on high-profile political issues before them. The report came about in response to separate study that ranked FEC staff morale second to last among 41 small federal agencies studied.

From the States and Municipalities:

Alaska – Oil Lobbyist Treated Legislator to Meal after Oil Tax Vote
Alaska Dispatch News – Nathaniel Herz | Published: 7/25/2016

Alaska Rep. Mike Hawker accepted a $78 dinner from an oil company lobbyist the same day Hawker went to Juneau for his first vote in two months, casting the deciding vote on an oil tax bill criticized as being too industry friendly. The meal was purchased by ConocoPhillips lobbyist Michael Hurley on June 6, the same day House Bill 247 was approved 21-to-19. Hawker’s presence was essential because the Alaska Constitution requires 21 votes for passage of a bill. Hawker is suffering from terminal cancer and had not attended a floor session since early April.

California – California Treasurer Cracks Down on Pay to Play
The Bond Buyer – Kyle Glazier | Published: 7/27/2016

California Treasurer John Chiang announced that municipal finance firms seeking state business will be required to certify they will make no contributions to local bond election campaigns. State officials are concerned with “pay-to-play” tactics in which bond counsel, underwriters, and financial advisors are offering to fund or provide campaign services in exchange for contracts to issue the bonds once they are approved by voters. The new policy applies to firms and their employees, and includes both cash and-in kind contributions made either directly or through third parties. Firms that fail to make the pledge will be removed from the state’s official list of acceptable vendors and barred from participating in state-issued bonds.

California – California Wants People to Prove They Are Not Lobbyists
KPCC – Alison Noon (Associated Press) | Published: 7/21/2016

The California Fair Political Practices Commission approved a regulatory change aimed at encouraging so-called shadow lobbyists to disclose their efforts to influence legislation. Lobbyists are required to register with the state if the amount they make for communicating with government officials reaches $2,000 in any given month. The rule change permits investigators to demand evidence about lobbyists’ compensation and financial gain related to contact with government officials. It suggests that suspected unregistered lobbyists testify or provide bills, receipts, or other records to establish their compensation was not used to get access to lawmakers or dine and entertain them.

Texas – City Wins Lawsuit Despite Appearance of Loss
Austin Monitor – Jo Clifton | Published: 7/22/2016

A federal judge ruled a blackout period banning candidates in Austin from fundraising outside of the six months before Election Day is unconstitutional. U.S. District Court Judge Lee Yeakel also overturned the dissolution requirements governing candidates’ left-over campaign money. The decision upheld the $350 individual cap on donations as well as the aggregate limit on contributions from persons who live outside the city.

Virginia – As Pick for No. 2, Tim Kaine Sees Gifts Come Under Scrutiny
New York Times – Eric Lipton and Steve Eder | Published: 7/24/2016

With U.S. Sen. Tim Kaine’s selection as Hillary Clinton’s vice-presidential running mate, the gifts he received in the four years he served as Virginia’s chief executive and his time as lieutenant governor before that are certain to be cited by his Republican critics as a sign that Kaine is not as squeaky clean as he portrays himself. An examination by The New York Times of archival email traffics from Kaine’s tenure as governor shows he received gifts, in some cases, around the same time he and his staff were considering official government requests from these donors.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Accused of Sexual Harassment, Roger Ailes Is Negotiating Exit from Fox
New York Times – John Koblin and Jim Rutenberg | Published: 7/19/2016

The Murdoch family is moving to oust Roger Ailes, the chairperson of Fox News Channel, after multiple women have accused him of sexual harassment. Ailes and Fox News’s parent company are in the advanced stages of discussions that would lead to his departure, said Susan Estrich, one of Ailes’s lawyers. His exit would be a humbling and startlingly sudden fall from power for a man who started Fox News from scratch 20 years ago and built it into a top-rated cable news network. Along the way, Ailes, a former Republican operative, established Fox News as the leading media platform for conservative politics.

Federal:

Behind Melania Trump’s Cribbed Lines, an Ex-Ballerina Who Loved Writing
New York Times – Jason Horowitz | Published: 7/20/2016

Meredith McIver, a speechwriter for Donald Trump’s private company, took the blame for apparent plagiarism in Melania Trump’s speech at the Republican National Convention. McIver, the co-author of several books with Donald Trump, said as she and Ms. Trump were preparing her speech, Ms. Trump mentioned she admired Michelle Obama and read to McIver parts of the first lady’s 2008 speech at the Democratic convention. McIver said she had inadvertently left portions of the Obama speech in the final draft.

Donald Trump May Break the Mold, but He Fits a Pattern, Too
New York Times – Alexander Burns | Published: 7/21/2016

Donald Trump’s candidacy has upended the Republican Party, baffling and then vanquishing opponents who dismissed him as a celebrity sideshow. Even now, many prefer to treat his success as a freak occurrence without precedent in U.S. history. But if Trump will be the first figure of his kind to claim a presidential nomination, his candidacy falls within an American tradition of insurgent politics that has found expression in other moments of social and economic rupture, often attaching itself to folk heroes from the world of big business or the military.

G.O.P.’s Moneyed Class Finds Its Place in New Trump World
New York Times – Nicholas Confessore | Published: 7/21/2016

Donald Trump has attacked lobbyists, disparaged big campaign donors, and railed against the party’s establishment. But at the Republican National Convention, beyond the glare of television cameras, the power of the permanent political class seemed virtually undisturbed. In Cleveland, even some of those who had worked against Trump’s candidacy now saw opportunity. In dozens of private receptions, they inspected their party’s new Trump faction with curiosity and hope. There were spheres of influence to carve out, money to raise and money to be made, whether or not Trump ended up in the White House. There were new friends to make and old relationships to nurture.

The Man Behind Citizens United Gears Up for Hillary Clinton Attacks
USA Today – Fredreka Schouten | Published: 7/20/2016

Political operative David Bossie, as much as any single person, is responsible for the nearly unrestricted flow of money pouring into the 2016 presidential campaign. He runs the conservative advocacy group Citizens United, and his attempt to distribute his anti-Hillary Clinton movie gave rise to the U.S. Supreme Court’s 2010 blockbuster decision, which allowed corporations and unions to spend unlimited amounts to influence elections. Bossie is the new leader of the Defeat Crooked Hillary PAC, which plans to merge cutting-edge technology and old-fashioned opposition research in a push to sink the Democrats’ presumptive presidential nominee. At the same time, Bossie is moving closer to the inner circle of the Republican Party.

Why We Don’t Know Who’s Funding the Republican Convention
Time – Haley Sweetland Edwards and Chris Wilson | Published: 7/17/2016

The Republican National Convention in Cleveland is the first time in four decades that a major political party’s nominating convention is underwritten nearly exclusively with private cash. The near total dependence on private money is the direct result of a series of recent federal rule changes. The new rules, which passed with little fanfare in 2014, allow individual donors to give ten times more to national parties they could in 2012. They also fail to close a loophole allowing corporations, lobbying firms, super PACs, and special interest groups, which are formally prohibited from giving to the parties’ conventions, to give unlimited amounts through special, nonprofit committees, which are not bound by normal disclosure rules. As a result, the public will not find out who the major corporate funders are to either the Republican or Democratic conventions until sometime in the fall.

From the States and Municipalities:

Colorado – Denver Campaign Finance Reform Proposal Pulled from Ballot
Denver Post – Claire Cleveland | Published: 7/18/2016

A proposed ballot initiative in Denver that would reign in big campaign contributions and set up a public financing system for city elections has been withdrawn by its backers. The measure was challenged by David Kenney, a political consultant and lobbyist. The challenge alleges the initiative is so wide-ranging that it violates a single-subject rule for ordinances and says the ballot title approved by the Denver Elections Division inadequately summarizes the measure and includes words intended to sway voters.

Kentucky – Corporations Can Now Make Political Donations in Kentucky
WFPL – Ryland Barton | Published: 7/18/2016

The Kentucky Registry of Election Finance agreed to the final judgment in a lawsuit challenging the unequal treatment of unions and corporations under the state’s campaign finance law. A judge struck down the law that allowed only unions, not corporations, to give money directly to state and local political candidates, and to also support candidates through union-funded PACs. Now, both corporations and unions will be allowed to donate to PACs, and neither will be allowed to make direct contributions to candidates. The new law will affect state and local candidates, not candidates for federal office.

Missouri – Who Made the Biggest Political Donation in Missouri History? Ask After the Election
St. Louis Post-Dispatch – Kevin McDermott | Published: 7/19/2016

The super PAC SEALs for Truth gave the largest political contribution to an individual candidate in Missouri history when it donated $1.975 million to gubernatorial candidate Eric Greitens, who is a former Navy SEAL. The group received the $1.975 million between July 1 and July 18, when it gave the cash to Greitens. But it does not have to publicly reveal where that money originally came from until later in the year, well after the state’s August 2 primaries are over. Missouri election officials have said they have no way to restrict money donated from federal PACs to state candidates, as long as it is disclosed publicly.

New Jersey – David Samson, Ally of Christie, Admits to Bribery Over Airline Route
New York Times – Patrick McGeehan | Published: 7/14/2016

David Samson, the embattled former chairperson of the Port Authority of New York and New Jersey, pleaded guilty to using his clout to coerce one of the nation’s largest airlines to accommodate his desire for a regularly scheduled, non-stop flight to his South Carolina summer home. Samson, a well-connected lawyer and one-time New Jersey attorney general, pleaded guilty to one charge of bribery for accepting a benefit of more than $5,000 from United Airlines. At the same time, United – which was not criminally charged – agreed to pay a fine of $2.25 million and pledged to reform to its compliance program.

Ohio – In Cleveland’s Public Square, Rights Are Exercised. Loudly.
New York Times – Dan Barry | Published: 7/19/2016

While the Republican National Convention was being held at Quicken Loans Arena in Cleveland, there was a parallel national conversation in a 10-acre downtown commons called Public Square, where people have colorfully debated one another since before Ohio was a state. The congregation in the square included protesters and counter-protesters, young capitalists and socialists, delegates away from home and locals without a home, a man with a pet iguana and a man with a semiautomatic rifle. “The Hyde Park of Cleveland,” said John Grabowski, a history professor at Case Western Reserve University and a Cleveland native. “[People] would come to vent. But they would also come to celebrate.”

Pennsylvania – Kathleen Kane’s Staff Gives Job Interview to Son of Key Prosecution Witness Against Her
Allentown Morning Call – Steve Esack | Published: 7/20/2016

Just three weeks before Pennsylvania Attorney General Kathleen Kane’s criminal trial is scheduled to begin, her top aides interviewed the son of a key witness against her for a job in her office, raising questions about a conflict-of-interest and inappropriate influence.  Matthew Peifer was interviewed for a position in the Child Predator Unit, which is headed by Kane’s twin, Ellen Granahan. He is the son of David Peifer, a onetime Kane confidant and a top agent in the attorney general’s office who last year agreed to cooperate with prosecutors in exchange for immunity. Kane is facing charges for allegedly leaking secret grand jury information to the media and lying when asked about it under oath.

Rhode Island – Ethics Commission Adopts Moratorium on Complaints for 90 Days before General Election
Rhode Island Public Radio – Ian Donnis | Published: 7/19/2016

The Rhode Island Ethics Commission voted to adopt a moratorium on outside ethics complaints in the 90 days before a general election. The moratorium is intended to discourage politically motivated complaints, although the panel reserves the right to launch its own investigations, said commission attorney Jason Gramitt. Voters will decide this November if they want to restore the Ethics Commission’s conflict-of-interest oversight over the General Assembly.

Tennessee – The Culture That Allowed Durham to Thrive
The Tennessean – Dave Boucher and Joel Ebert | Published: 7/17/2016

Tennessee House Speaker Beth Harwell says nothing could have stopped state Rep. Jeremy Durham, who used his nearly five years in elected office to methodically harass or sexually take advantage of at least 22 women. “I don’t think anything could have avoided what happened; he violated our current policy and I think he would violate any policy,” Harwell said. Many lawmakers, staffers, and lobbyists knew about his predatory misbehavior for years but did not speak up to stop him, according to the findings of an attorney general’s investigation. The culture at the Capitol emphasizes deals between lawmakers, lobbyists, and staff over alcohol, late nights, and loyalty to a fault. It is also a culture where many female lobbyists, legislative staffers, and lawmakers expect to have to fend off sexual advances by some men at the statehouse.

Utah – Prosecutors Seek to Drop All Charges Against Ex-A.G. Shurtleff; Swallow Prosecution Proceeding
Salt Lake Tribune – Jennifer Dobner | Published: 7/18/2016

Prosecutors moved to drop “pay-to-play” charges against former Utah Attorney General Mark Shurtleff, a surprise retreat more than two years after state investigators arrested him and his successor, John Swallow, citing a pattern of favors and gifts traded with a cast of questionable businesspersons. Davis County Attorney Troy Rawlings said in court documents that a recent U.S. Supreme Court decision overturning the bribery conviction of former Virginia Gov. Bob McDonnell narrowed what could be charged in influence-peddling cases.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Gay Political Power Reaching Record as U.S. Attitudes Shift
Bloomberg.com – Jeff Green | Published: 7/11/2016

Opponents are planning a campaign to roll back the new rights on same-sex marriage and military service won by gay Americans this year. That offensive, in state Legislatures and Washington, D.C., has raised the stakes in the 2016 election for the lesbian, gay, bisexual, and transgender community, which is trying to leverage its unprecedented political power to elect lawmakers who would extend federal protections at work and home to gay citizens, just as the Civil Rights Act of 1964 protected race, religion, and gender. It is difficult to put a specific dollar amount on LGBT money in politics. But there is no question the spending is much more visible than it was two decades ago, said Democratic National Committee Treasurer Andrew Tobias.

How Private Equity Found Power and Profit in State Capitols
New York Times – Ben Protess, Jessica Silver-Greenberg, and Rachel Abrams | Published: 7/14/2016

Since the 2008 financial crisis, private equity firms have expanded their influence, assuming a pervasive, if clandestine, role in American life, an investigation found. Sophisticated political maneuvering – including winning government contracts, shaping public policy, and deploying former public officials to press their case – is central to this growth. Yet even as private equity wields influence in states and in Washington, D. C., it faces little public awareness of its activities. Private equity firms often do not directly engage with lawmakers and regulators – the companies they control do. And because private equity’s interests are so diverse, the industry interacts with governments not only through lobbying, but also as contractors and partners on public projects.

Federal:

Donald Trump and Hillary Clinton Struggle to Be Unifying Voice for Nation
New York Times – Patrick Healy | Published: 7/9/2016

Traumatic events have at times become opportunities for presidential candidates to step up and grow in the eyes of the American public, such as when Bill Clinton went to Los Angeles in 1992 in the aftermath of the riots there, or when Barack Obama pushed for aggressive, bipartisan action from the federal government to stem the banking crisis and protect taxpayers. No moment in the 2016 presidential campaign has cried out more for a unifying candidate than the police shootings of two black men and the ensuing national uproar, followed by the sniper ambush that killed five police officers in Dallas. And no other moment has revealed more starkly how hard it is for Donald Trump and Hillary Clinton to become that candidate. Never have two presidential nominees been as unpopular as Trump and Clinton, and they are not fully trusted by their own parties nor showing significant crossover appeal in the polls.

Koch-Backed ‘Dark Money’ Groups Fined for Failing to Disclose Donors
Center for Public Integrity – John Dunbar | Published: 7/13/2016

The FEC fined three nonprofit groups formerly connected with the political network of Charles and David Koch a total of $233,000, a rare intervention by the agency into the world of outside spending. Each of the groups ran political advertisements to support U.S. House candidates during the 2010 election. The FEC’s investigation provides a look into the interlocking networks of political nonprofits on the right, through which vast sums of money flow each election cycle with little disclosure. Such groups are not required to report their donors and typically trade large amounts of cash during each election cycle, making it difficult to judge which dollar from which donor is used for any particular activity.

US Rep. Corrine Brown Indicted After Fraud Investigation
ABC News – Jason Dearen and Curt Anderson (Associated Press) | Published: 7/8/2016

U.S. Rep. Corrine Brown of Florida and her chief of staff, Elias Simmons, were charged with 24 counts of fraud and other crimes that prosecutors said allowed them to use an education nonprofit as a “personal slush fund.” The indictment alleges Brown and Simmons used the One Door for Education-Amy Anderson Scholarship Fund to solicit $800,000 in charitable donations between 2012 and 2016. The money was used for Brown’s personal benefit, among other things, including “tens of thousands of dollars in cash deposits” sent to her personal bank accounts, according to prosecutors. Carla Wiley, former head of the Virginia-based One Door for Education, pleaded guilty to conspiracy to commit wire fraud earlier this year and was cooperating with investigators.

From the States and Municipalities:

Alabama – Mike Hubbard Sentenced to Four Years in Prison
Tuscaloosa News – Kim Chandler (Associated Press) | Published: 7/8/2016

Former Alabama House Speaker Mike Hubbard was sentenced to four years in prison for violating the state’s ethics law. He also faces $210,000 in fines. A jury convicted him of using his office to secure consulting contracts and investments from lobbyists or those who employ them. He was also found guilty of using staff members to do work for his private clients, voting for a budget that would have benefitted a client, and lobbying Gov. Robert Bentley on behalf of a client. At trial, Hubbard’s defense team argued that many of the charges he faced fell under an exemption in the law that allows public officials to exchange things of value with those they have long-standing friendships with.

California – Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs
Sacramento Bee – Taryn Luna | Published: 7/11/2016

The ride-hailing firm Lyft agreed to pay $6,000 in fines for repeatedly being late in disclosing its use of lobbyists to influence California officials. An investigation by Fair Political Practices Commission staff alleged Lyft failed to file in a timely manner five lobbyist employer reports. During the 2013–2014 legislative session, Lyft spent more than $271,000 on lobbying related to four transportation-regulating bills. One report was filed 530 days late, although Lyft did not conduct any lobbying during the quarter. Other reports, during which there was activity, were filed from 11 to 165 days late. “According to Lyft, the late filing was an oversight caused by Lyft’s reliance on its lobbying firms to file its reports and its lack of experience as a lobbyist employer,” the staff report said.

Louisiana – Good Idea Gone Awry? How Term Limits Impact Sessions of Louisiana Legislature
New Orleans Advocate – Mark Ballard | Published: 7/9/2016

Term limits in Louisiana, which require state representatives and senators to step down after 12 years to make way for new lawmakers, were billed by supporters as a way to create a Legislature that would be more responsive to voters and allow for thinking “outside the box” to solve persistent governmental problems. But term limits also sapped legislators of historical knowledge, hardened political positions, and undermined the relationships that are essential ingredients to actually operating the machinery of government, some lawmakers, lobbyists, and political operatives say.

Missouri – Andy Blunt Came to Washington – Was It Lobbying?
St. Louis Post-Dispatch – Chuck Raasch | Published: 7/7/2016

When it was announced last year that Andy Blunt would manage the re-election campaign of his father, U.S. Sen. Roy Blunt, Missouri Democrats accused the younger Blunt of a conflict-of-interest. In December, Andy Blunt said that “I lobby in the state of Missouri, not the United States Congress, and there is a clear distinction.” But in April, Andy Blunt helped lead a delegation of Missouri cable television executives in meetings with members of the Missouri congressional delegation or their staffs. The younger Blount said he did not consider the meetings to be lobbying. Rather, he said, they were part of an annual “meet-and-greet” trip to Washington. The revelations rekindle questions about where Andy Blunt’s lobbying for clients ends and his advocacy for his father’s re-election campaign begins.

New York – Fight Over Emails Yields New Details on Role of Outside ‘Agents’ for de Blasio
New York Times – J. David Goodman | Published: 7/7/2016

After the rocky conclusion to his first year in office, New York City Mayor Bill de Blasio sought counsel at the start of 2015 from his most trusted advisers. The mayor’s office and a few outside consultants discussed internal opinion surveys and formulated strategy on some of de Blasio’s most pressing concerns. These internal discussions about public matters are now part of a court battle as lawyers for a nonprofit aligned with the mayor are fighting to keep those emails confidential, resisting subpoenas for that information by the Joint Commission on Public Ethics. The legal strategy appeared to clarify what had been one of the more puzzling moments of the de Blasio era: the description of five outside consultants as “agents of the city.”

Ohio – Dallas Shooting and Open-Carry Laws Loom Over Cleveland Convention Plans
New York Times – Yamiche Alcindor | Published: 7/11/2016

The recent violence in Dallas is intensifying worries in Cleveland about visitors and protesters taking firearms downtown during the Republican National Convention, where thousands of people plan to demonstrate. Ohio’s open-carry laws mean that those who legally own guns can take them into the two-square-mile area where many of the events and protests connected to the convention will be held. Cleveland’s police chief said that after the Dallas shootings, the city would be changing its security plans but did not go into detail. Meanwhile, some are planning to take their own security forces to Cleveland.

Pennsylvania – Consulting Business Owned by Mike Fleck Fined $11,850 by State
Allentown Morning Call – Emily Opilo | Published: 7/11/2016

Hamilton Development Partners, a former Allentown business at the center of an FBI investigation in the city, was cited by the Pennsylvania Ethics Commission. The firm failed to file a quarterly expense report with the Department of State for the third quarter of 2015 as required by the state lobbying law. It owes an $11,850 fine – $50 per day for each of the 237 days that the report has been considered late. The firm has been ordered to file an expense report in the next 30 days or face “appropriate enforcement action.” Failure to report under the law is considered a misdemeanor punishable with an up to five-year ban on lobbying in Pennsylvania.

Tennessee – Jeremy Durham Had Sexual ‘Interactions’ with 22 Women, Report Says
The Tennessean – Dave Bouchard and Joel Ebert | Published: 7/13/2016

State Rep. Jeremy Durham engaged in inappropriate conduct with women that constitutes disorderly behavior and warrants expulsion, said a report from the Tennessee attorney general, but a special legislative committee is leaving up to voters to decide whether the embattled lawmaker will continue serving in the Legislature. The investigation found Durham had sexually engaged with current and former female legislative staff, interns, lobbyists, and others between 2012, when he first took office, and the 2016 legislative session. The main findings of the attorney general’s report mirror the office released in April, when it found Durham had engaged in inappropriate physical contact and potentially posed a “continuing risk to unsuspecting women.” That determination led to Durham’s office being moved out of Legislative Plaza and his access to staff limited.

Washington – Supporters of Campaign Finance Measure Submit Signatures
Yakima Herald – Rachel LaCorte (Associated Press) | Published: 7/8/2016

More than 326,000 signatures have been turned in to the Washington secretary of state’s office in support of a proposed ballot measure that would make a series of campaign finance changes. Initiative 1464 seeks to do several things, including creating a voucher system that would give voters three $50 “democracy credits” that they can use in state races every two years. It would also impose tougher disclosure requirements on political advertisements and limit the amount of money that contractors and lobbyists can give to candidates. The ballot measure also would impose a three-year waiting period before former elected officials and senior staff can lobby their previous employers and colleagues. An initiative requires at least 246,372 valid signatures of registered state voters to be certified.

Wisconsin – Ex-AG Lautenschlager Named to Lead New Ethics Commission
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/11/2016

Former Wisconsin Attorney General Peg Lautenschlager was selected as chairperson of the state’s new Ethics Commission, and the job of administrator was given to a former analyst of the nonpartisan board the panel was created to replace. Lautenschlager had to pay a fine to the previous ethics agency following her arrest for drunken driving in 2004. Brian Bell accepted the offer to be the administrator of the commission. He is a budget and policy analyst for the Wisconsin Department of Safety and Professional Services. He also previously worked for the Government Accountability Board as an ethics and accountability specialist.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Federal:

Can Super PACs Be Put Back in the Box?
Washington Post – Matea Gold | Published: 7/6/2016

A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case that gave rise to super PACs, part of a new strategy to rein in the big money that has poured into campaigns since 2010. They are targeting a case decided by U.S. Court of Appeals for the District of Columbia Circuit in 2010: SpeechNow.org v. FEC. That decision permitted a conservative group to raise money beyond the contribution limits placed on traditional PACs because it planned to spend its funds independently of a candidate or party. In doing so, the appellate court paved the way for new political vehicles, later dubbed super PACs for their ability to accept unlimited amounts from individuals and corporations.

F.B.I. Director James Comey Recommends No Charges for Hillary Clinton on Email
New York Times – Mark Landler and Eric Lichtblau | Published: 7/5/2016

FBI Director James Comey said his agency is recommending that no charges be brought against Hillary Clinton in connection with her email use while secretary of State. “No reasonable prosecutor” would bring such a case, Comey said. But although the FBI is not recommending charges, Comey did strongly criticize Clinton’s handling of classified information in her email, calling is “extremely careless.” The announcement comes three days after FBI agents and Justice Department officials interviewed Clinton. The FBI has been seeking to determine whether Clinton or any of her aides had mishandled classified information in connection with her email. The inspector general of the intelligence agencies had said the emails contained information that was classified at the time they were sent but were not marked classified, and the information should never have been sent on an unclassified system.

Koch Brothers’ Plight Likened to That of Civil Rights Workers in the 1950s
Center for Public Integrity – John Dunbar | Published: 7/5/2016

Charles and David Koch and civil rights pioneers have faced threats and harassment from those who disagree with their views, and each is entitled to privacy when it comes to disclosing certain kinds of information to the government, a federal judge ruled. But the decision has been controversial; comparing the travails of billionaires to the violent threats endured by civil rights workers in the 1950s is more than a stretch, say some of those familiar with the case – it is offensive. The case represents just the latest front in an ongoing battle being waged by a range of mostly conservative groups attempting to keep donors to political nonprofits hidden from view. Many of the legal battles revolve around interpretation of a crucial civil rights case from 1958: NAACP v. Alabama.

Lockheed’s Top Government Affairs Official Not Registered as Lobbyist
Politico – Austin Wright and Jeremy Herb | Published: 7/3/2016

The top government affairs official at Lockheed Martin, the world’s largest defense contractor, has not registered as a lobbyist. The company maintains that Robert Rangel, its senior vice president for government affairs since early last year, is not required to disclose his efforts to influence Congress and the executive branch. He does not meet all the legal requirements outlined in the law that governs lobbying disclosures, Lockheed says, including the percentage of his time he actually spends trying to influence government officials. His decision not to register, however, goes against both company precedent and the practices of other top defense firms.

Special Interests Look to Influence Political Conventions – Discreetly
Center for Public Integrity – Carrie Levine | Published: 7/7/2016

Corporations, unions, and other special interests will spend tens of millions of dollars to bankroll festivities at the Democratic and Republican national conventions. Some high-profile companies and individual donors are scaling back on giving to the host committees as they want to distance themselves from controversies surrounding Donald Trump. Meanwhile, many special interests will participate in convention-related activities, but they have become more creative in how they influence conventioneers, or are refusing to discuss their convention plans. “They want to show up, they want to rub elbows with everyone at the conventions, they just don’t want the corporate name out there,” said Craig Holman, a lobbyist for Public Citizen who has tracked influence efforts at the conventions.

The Lobbying Reform That Enriched Congress
Politico – Isaac Arnsdorf | Published: 7/3/2016

In the wake of the Jack Abramoff scandal, Democrats seized on the chaos to retake both chambers of Congress, promising voters they would change what they called a “culture of corruption.” Their attempt to make good on that promise, the Honest Leadership and Open Government Act of 2007, was embraced by both parties as a historic breakthrough. But critics say the result of the law is very nearly the opposite of what the American public was told it was getting at the time. Not only did the lobbying reform bill fail to slow the “revolving door,” it created an entire class of professional influencers who operate in the shadows.

From the States and Municipalities:

Connecticut – Anthem-Cigna Controversy Exposes Gaps in Ethics Rules
Connecticut Mirror – Mark Pazniokas | Published: 7/5/2016

Connecticut Insurance Commissioner Katharine Wade’s refusal to recuse herself from ruling on the Anthem-Cigna merger has provoked a reappraisal of state ethics regulators, who heavily rely on the self-reporting of public officials, and an ethics code that may be clearer to lawyers than lovers of English. Wade, a former Cigna vice president of government affairs, in February did not try to hide the fact that her staff was reviewing Anthem’s application to acquire Cigna for $54 billion. “On behalf of the Department, I signed a contract with an independent economist to assist Department staff in their review of the Anthem Form A application. Presently, there are no Cigna matters before me,” Wade wrote to the Office of State Ethics. Wade declined recently to say what basis she concluded there were no Cigna matters before her under the meaning the state ethics code, given that she already has asserted her intention to rule on the merger.

Massachusetts – Senate Slow to Embrace DeLeo Ethics Panel
Lowell Sun – Matt Murphy (State House News Service) | Published: 7/7/2016

Massachusetts House Speaker Robert DeLeo’s efforts to jumpstart a review of the state’s ethics, campaign finance, and lobbying laws has hit a roadblock in the Senate, where leaders so far have refused to go along out of concern the broad scope of the speaker’s proposed review would lead to a dead end. DeLeo had offered a resolve that would have created a joint task force of the House, Senate, and Gov. Charlie Baker’s administration to review the state’s complex ethics laws. The House referred the speaker’s proposal to a joint committee, but so far the Senate has refused to admit the bill, leaving open the possibility that the House could choose to work with the governor alone on the review.

Michigan – Unions Win Injunction Blocking Michigan Fundraising Law
Detroit News – Jonathan Oosting | Published: 7/1/2016

A U.S. District Court Judge granted a preliminary injunction against a law passed by the Michigan Legislature last year that would make it easier for corporations to deduct money from employees’ paychecks for their own PACs while forbidding them from making similar deductions on behalf of labor unions. It is the second preliminary injunction from a federal judge against a provision of the law, which also prohibited local government officials from distributing information about ballot proposals, a restriction dubbed a “gag order” by critics.

Minnesota – Lobbying in Minnesota: Spending has nearly doubled since 2002
St. Paul Pioneer Press – Rachel Stassen-Berger | Published: 7/4/2016

Special interest groups have spent $800 million lobbying government officials in Minnesota over the last 13 years. The St. Paul Pioneer Press review also found the amount of annual spending has doubled and the number of lobbying clients has tripled. Business interests have dominated the spending annually, making up about half of the lobbying expenditures every year since 2002. Utilities have spent the most, followed by the health industry. Spending or the lack thereof does not always translate to influence, however. Good lobbyists, say lobbyists and lawmakers alike, know that. “Lobbyists don’t write laws … lobbyists write ideas. Lobbyists write suggestions,” said Tom Lehman, who has been a lobbyist for 26 years.

New York – Agency Clears Mayor de Blasio and Nonprofit of Campaign Finance Violations
New York Times – Vivian Yee | Published: 7/6/2016

The New York City Campaign Finance Board determined a nonprofit closely linked to Mayor Bill de Blasio did not spend money to bolster the mayor’s re-election bid, but the board said the group’s spending raised serious policy issues. The board said Campaign for One New York’s 2014 spending was not campaign-related, primarily because it occurred so far from the mayor’s re-election race in 2017. Yet the board appeared to find much that was troublesome, if not illegal, in the behavior of the nonprofit, which has amassed millions of dollars in donations to push for City Hall initiatives. The board also clarified rules governing nonprofit advocacy groups that are affiliated with politicians.

New York – In Inquiry into Ex-Cuomo Aide, Disclosure Form Only Adds Mystery
New York Times – Vivian Yee | Published: 7/5/2016

Two companies listed in a financial disclosure form from 2014 belonging to Joseph Percoco, who for many years was New York Gov. Andrew Cuomo’s closest aide, seem to be at the heart of a sprawling federal investigation encircling Cuomo’s administration. One firm, Chris Pitts LLC, is named for a minor Democratic activist in rural Connecticut who, until recently, lived with his sister and got around town in an aging Chevrolet. The other, COR Development Company, is one of the most prominent real estate developers in central New York. In an investigation with few signposts for those outside the U.S. attorney’s office in Manhattan, Percoco’s disclosure is the nearest thing to a map key. Yet the connection between the Percoco and COR and Chris Pitts LLC. is not as straightforward as the black and white of an official form might imply.

New York – JCOPE Shut Down in Lobbying Reform
Queens Chronicle – Michelle Kraidman | Published: 6/30/2016

The Joint Commission on Public Ethics (JCOPE) in February approved an advisory opinion that required paid consultants, who “controlled the delivery” of a message to editorial boards encouraging them to support positions that were favorable to a client, to register as lobbyists. They also would have had to report their contacts with media outlets’ opinion writers. That led to great opposition as accredited media sources, and several public relations and consulting firms sued JCOPE, arguing the new regulations were unconstitutional. Now, a statement released by the governor’s office announced that the agreed-upon legislation for an ethics reform plan does not include what JCOPE had originally recommended. “[The agreement] explicitly excludes communications with journalists, including editorial boards, from the definition of lobbying and exclude these communications from lobbying regulation,” the statement said.

Rhode Island – Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’
Providence Journal – Jennifer Bogdan | Published: 7/6/2016

In a ceremonial signing of lobbying legislation, Rhode Island Gov. Gina Raimondo described the changes as making the rules “clear, simple, consistent, and transparent.” The legislation, which goes into effect on January 1, clarifies who is a lobbyist and what constitutes lobbying. The penalty for failure to register is a fine of up to $50,000 and revocation of lobbyist registration for up to three years. Lobbyists will also be required to file monthly public reports of their activities from January to June and quarterly reports from July to December. The reports must include all compensation received, all expenditures made, and “all money and anything of value provided or promised to any legislative or executive branch official” in excess of $250.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Report: It’s harder to know who’s paying for political ads
Star Tribune – Geoff Mulvilhill (Associated Press) | Published: 6/27/2016

A report by New York University’s Brennan Center finds the use of so-called dark money in several states has increased faster than in national elections. Across six states – Alaska, Arizona, California, Colorado, Maine, and Massachusetts – dark money expenditures rose by 38 percent between 2006 and 2014, outstripping the 34 percent rate of increase found in federal elections. And that does not include other categories of nontransparent outside money. The report defines “gray money” as expenditures by entities that do disclose their contributors, but who also list dark money organizations as donors, making it difficult or impossible to locate the original source of the money.

Two Transgender Candidates – Both Named Misty – Just Made History by Winning Primaries
Washington Post – Amber Phillips | Published: 6/29/2016

Primary voters in Utah and Colorado selected transgender women to run for spots in Congress next fall, a first in major-party American political history. Misty Snow will run against U.S. Sen. Mike Lee in Utah this November, while Misty Plowright will challenge U.S. Rep. Doug Lamborn in Colorado. Neither Snow nor Plowright sought to make their gender identities a campaign issue, instead focusing on progressive issues like getting money out of politics. Their wins come as transgender rights have been thrust into the national spotlight after contentious debates in states like North Carolina. “This is even more breathtaking considering the political climate today, the uphill curve to educate people about who transgender people are,” said Bob Witeck, a Washington, D.C.-based LGBT advocate.

Federal:

Bernie Sanders Campaign Showed How to Turn Viral Moments into Money
New York Times – Nick Corasaniti | Published: 6/24/2016

Like most modern campaigns, U.S. Sen. Bernie Sanders and his team relied on widely used digital fundraising tactics, like sending email solicitations and advertising online. They raised more than $61 million and acquired more than three million email addresses directly from digital ads. But the campaign was also able to harness social media networks – which, until recently, most candidates had used primarily for messaging purposes – and turn them into fundraising engines, allowing Sanders’ team to raise money almost exclusively online. The campaign raised roughly $216 million of its nearly $230 million total online.

Donald Trump and R.N.C. Crack Down on Rebelling Delegates
New York Times – Jeremy Peters | Published: 6/26/2016

Donald Trump’s campaign and the Republican National Committee (RNC) are moving quickly and aggressively to head off the fledgling effort to stage a revolt at their July convention in Cleveland, hoping to spare the party an embarrassing spectacle that could deeply wound the presumptive nominee. They are employing hard-nosed tactics, warning delegates that attempting to undermine Trump’s claim to the nomination violates party rules, and threatening to deny speaking slots to Republicans they deem disloyal for not backing him. The RNC and the campaign are also installing loyal party stalwarts in key party positions to help ensure they maintain control of the convention if rogue delegates attempt a disruption. And they are trying to discredit Republicans who are advocating an interpretation of party rules that would allow delegates to vote for anyone they want on the first ballot.

Trump Fundraising Emails Overseas Prompt Complaints Here and Abroad
Washington Post – Sean Sullivan and Max Bearak | Published: 6/29/2016

Donald Trump’s campaign sent a wave of fundraising emails in recent days to lawmakers in the United Kingdom, Iceland, Australia, and elsewhere. The solicitations prompted watchdog groups to file two separate complaints with the FEC alleging the campaign was violating federal law by soliciting funds from foreign nationals. The episode is only the latest fundraising stumble by Trump’s presidential campaign, which has been scrambling to put together a financial operation to take on the well-funded campaign of likely Democratic nominee Hillary Clinton. Whether the snags prove to be growing pains for a campaign that until recently eschewed traditional fundraising or a sign of more serious stumbles to come is a key question facing Trump and the Republican Party as the general election comes into focus.

From the States and Municipalities:

California – At the Corner of Power and Poverty
CALmatters – Laurel Rosenhall | Published: 6/28/2016

The Capitol in Sacramento serves as a magnet for money and power. Nearby shops sell fine cigars and custom suits. A bar serves $16 martinis. But the streets that surround the building also are home to some of the city’s most destitute residents, many suffering from mental illness or drug addiction in addition to extreme poverty. It is not uncommon to see them rifling through trash cans, shouting incoherently, or sleeping barefoot in the shade on the Capitol’s manicured grounds. Bridging these two worlds is Debbie Bartley, who stands across the street selling Homeward, a newspaper produced by homeless people. She chats with the political staffers and lobbyists who give her a few dollars as they pass by. Then she buys food for people who sleep on these streets.

California – Sweeping Public Utilities Commission Changes Announced
Sacramento Bee – Jeremy White | Published: 6/27/2016

A deal between Gov. Jerry Brown and state lawmakers will bring major changes to the California Public Utilities Commission. When commissioners engage in ex-parte conversations around rate-setting rules, they would need to disclose them online under the agreement. The state attorney general could bring enforcement actions against people who violate the rules. The deal also clarifies that people who lobby the PUC would need to register as lobbyists. Through March of this year, more than 50 utilities and other lobbyist employers reported more than $6.3 million in PUC-connected lobbying activities.

Connecticut – Cigna-Anthem Merger: Gov. Malloy’s Insurance Regulator Told Ethics Officials She Was Not Involved in Cigna Issues, even as Her Agency Was
International Business Times – David Sirota | Published: 6/27/2016

Connecticut ethics officials are now investigating whether it is legally permissible for the state’s insurance commissioner to oversee the government’s review of her former company’s proposed merger. In regulators’ probe of conflict-of-interest issues in the Cigna-Anthem transaction, one question they may ask is whether the commissioner in question, former Cigna lobbyist Katharine Wade, deliberately misled them. Emails show that in February, Wade told ethics officials she had no Cigna business before her, even though her agency was then leading the national multistate review of the company’s merger plan, and even though Wade had repeatedly met with the company’s representatives. Wade’s letter to ethics officials did tell them that her staff was reviewing the merger, but did not disclose any information about her own contacts with the companies and their lobbyists.

Delaware – Supreme Court Rejects Challenge to Delaware Election Law
Wilmington News Journal – Jessica Masulli Reyes | Published: 6/28/2016

The U.S. Supreme Court rejected a conservative group’s challenge to Delaware’s campaign finance law. The justices left in place a lower court ruling allowing the 2012 law to be enforced. It requires third-party groups and individuals to disclose their donors to the state elections commissioner if they publish advertisements or other communications, including Internet postings, that refer to a candidate in the 60 days before an election. Previously, only groups that directly advocated for or against a candidate were required to disclose their donors.

Kentucky – Bevin Asserts Control of All Ethics Board Appointments
Lexington Herald-Leader – Jack Brammer | Published: 6/28/2016

Kentucky’s attorney general and state auditor will no longer be able to nominate members of the Executive Branch Ethics Commission under a new executive order from Gov. Matt Bevin. The governor appoints the members of the commission, which investigates allegations of state ethics code violations in the state’s executive branch. But in 2008, then-Gov. Steve Beshear issued an executive order requiring the governor to appoint two members of the commission that had been recommended by the attorney general and the state auditor. Bevin repealed that order, effectively allowing him to control all of the appointments to the board assigned to hold his administration accountable. Bevin spokesperson Jessica Ditto said the order simply returns the appointment process to the system state lawmakers intended.

New York – Bill Would Expand Disclosure for Donors to Lobbying Groups
Albany Times Union – Chris Bragg | Published: 6/29/2016

Under a 2011 law, charitable tax-exempt nonprofits in New York are not required to report their donors, even if the organizations have financially supported lobbying efforts meant to influence state government. Based on comments from state lobbying officials, a bill that Gov. Andrew Cuomo is expected to sign appears to require any charitable organization making a contribution over $2,500 to a substantial New York lobbying campaign to publicly disclose every one of its donors, even those unrelated to the lobbying effort. That would include both donations of staff and other resources for a charity to a lobbying nonprofit, or a monetary contribution.

Ohio – As Activists Prepare to Protest the RNC, the FBI Comes Knocking
Los Angeles Times – Matt Pearce | Published: 6/27/2016

In July, Donald Trump will come to Cleveland to claim the Republican presidential nomination. Given how turbulent some protests outside Trump rallies have been, and that the convention comes just weeks after the worst mass shooting in recent U.S. history, finding the right balance between security and First Amendment rights will be a challenge. Shivers have gone through the Cleveland activist community since law enforcement officials began knocking on their doors as tens of thousands of visitors prepare to come to town. The FBI office in Cleveland said the visits were part of their plans with state and local law enforcement to prepare for the convention by “working collaboratively with members of the community.”

Virginia – Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction
New York Times – Adam Liptak | Published: 6/27/2016

The U.S. Supreme Court unanimously vacated the conviction of former Virginia Gov. Robert McDonnell. He was charged with using his office to help Jonnie Williams Sr., who had provided McDonnell and his wife with gifts worth more than $175,000 when McDonnell was governor. The gifts themselves were legal; the question was whether they were part of a corrupt bargain in which McDonnell reciprocated by using the power of his office to help Williams. The Supreme Court ruled prosecutors defined too broadly the kind of conduct that qualifies as an “official act.” Chief Justice John Roberts said the law cannot punish politicians for giving their constituents access to public officials who are willing to listen, but do not actually exercise government power.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Courts, Judges Become Top Political Targets in 2016 Elections
Kansas City Star – Dave Helling | Published: 6/17/2016

Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into a referendum on the courts, threatening public confidence in an independent, apolitical judiciary. Not everyone is equally concerned. In a polarized, dysfunctional political climate, some say, making judges more accountable to voters and taxpayers is healthy and inevitable.

The Kochs’ Powerful Operation Isn’t Aimed at Helping Trump – But It Might Anyway
Washington Post – Matea Gold | Published: 6/20/2016

Americans for Prosperity (AFP) launched ground operations on behalf of Republican incumbents in Pennsylvania, Ohio and Wisconsin, the earliest the Koch brothers-affiliated group has ever begun making explicit political appeals in the field. But AFP and other groups in the brothers’ political network are mute when it comes to Donald Trump. It is an odd situation for the powerful conservative operation, which was expected to harness its sprawling machinery on behalf of this year’s Republican nominee. But Trump’s incendiary rhetoric and inconsistent policy stances have dismayed Charles Koch, the billionaire industrialist who leads the network. Koch-backed groups are now training their resources on boosting vulnerable GOP Senate candidates.

Federal:

Democrats End Sit-In on House Floor While Promising to Continue to Press for Gun Votes
Washington Post – Karoun Demirjian, Kelsey Snell, and Ed O’Keefe | Published: 6/23/2016

U.S. House Democrats ended their sit-in protest after occupying the chamber’s floor for more than 25 hours, vowing to take the push for new gun curbs to their congressional districts. Even after Republicans had departed for a week-long recess, roughly a dozen Democrats held the floor, with more trickling in, after a night of loud confrontations with the chamber’s GOP leaders. The Democrats had demanded votes on legislation to expand background checks to all commercial sales and to prevent suspected terrorists from being able to buy guns. Republicans dismissed Democrats’ demands, saying they would not reward the minority party for trampling over the chamber’s rules.

Donald Trump Starts Summer Push with Crippling Money Deficit
New York Times – Nicholas Confesore and Rachel Storey | Published: 6/20/2016

Donald Trump enters the general election campaign laboring under the worst financial and organizational disadvantage of any major party nominee in recent history, placing both his candidacy and his party in political peril. Trump loaned his campaign $2.2 million in May and collected $3.1 million in donations, ending the month with less than $1.3 million in bank, a figure more typical for a campaign for the U.S. House than the White House. Hillary Clinton raised more than $28 million in May and started June with $42 million in cash. Trump has a staff of around 70 people, compared with nearly 700 for Clinton, suggesting only the barest effort toward preparing to contest swing states this fall. And he fired his campaign manager after concerns among allies and donors about his ability to run a competitive race.

Fattah Convicted of Federal Corruption Charges
Philadelphia Inquirer – Jeremy Roebuck | Published: 6/21/2016

U.S. Rep. Chaka Fattah was found guilty of all charges in a federal corruption trial. He and several associates had been charged with 29 counts related to bribery, money laundering, fraud, and racketeering. Fattah borrowed $1 million from a donor during his unsuccessful campaign for Philadelphia mayor and later repaid part of the loan by using funds from charitable and federal grants received by his nonprofit. Prosecutors said he also used funds from his mayoral and congressional campaigns to help pay off his son’s student loan debt. In addition, the indictment said Fattah accepted bribes while trying to secure an ambassadorship or appointment to the U.S. Trade Commission for former Philadelphia Deputy Mayor Herbert Vederman.

The Next ‘Citizens United’ Is Coming
Center for Public Integrity – Carrie Levine | Published: 6/22/2016

James Bopp, who successfully argued the Citizens United case before the U.S. Supreme Court, is now the lead lawyer in the most prominent of a series of lawsuits attempting to further rescind campaign contribution limits. The case brought by the Louisiana Republican Party addresses restrictions on how state and local political parties use soft money to influence federal elections. Bopp’s clients argue if independent outside groups such as super PACs are permitted to raise and spend unlimited amounts of such money, there is no reason why state political parties, acting independently of federal candidates, should be treated differently. Bopp says he will not rest until there are as few election rules as possible since he believes too many rules lead to more opportunities to game the system.

From the States and Municipalities:

California – California Political Watchdog Targets ‘Shadow Lobbyists’
Sacramento Bee – Taryn Luna | Published: 6/21/2016

The California Fair Political Practices Commission (FPPC) is considering a regulatory change to draw “shadow lobbyists,” consultants paid to influence legislation, into the public eye. Loopholes in the law can allow consultants to act as lobbyists without officially registering with the secretary of state’s office, disclosing their clients, or their attempts to sway lawmakers. The FPPC hopes the change increases the incentive for consultants and others working in and around the state’s lobbying industry to keep better records of their activities, while giving the agency more freedom to press cases against shadow lobbyists. The commission is expected to vote on the change at its regularly scheduled hearing on July 21.

Colorado – Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role
Denver Post – Joey Bunch | Published: 6/21/2016

The Colorado Supreme Court agreed to hear issues in a case involving then-Secretary of State Scott Gessler, marking the first time the justices have looked at how the Independent Ethics Commission operates since it was created in 2006. The ethics panel found Gessler violated the public trust when he used money from his office discretionary fund to attend a GOP lawyer’s event in Florida. He extended the trip to attend the Republican National Convention (RNC). Gessler paid for his lodging and meals at the RNC with campaign funds. The Supreme Court will look at whether the commission exceeded its jurisdiction to ban gifts of more than $53 a year to public officials and bar them from becoming lobbyists for two years after leaving office.

District of Columbia – Close Council Vote Rejects Campaign Contribution Reform
DCist.com – Rachel Kurzius | Published: 6/21/2016

The District of Columbia Council struck down a proposal to ban campaign contributions from city contractors. Council Chairperson Phil Mendelson had included a provision in a bill to reform the city’s procurement process that would have banned donations from people or businesses that have or are seeking city contracts. He argued that doing so would improve the public perception of the city’s elected officials. But Councilperson Vincent Orange introduced an amendment to strike that language, saying it would lead to “dark money” flooding into city campaigns.

Florida –  Florida Lawmaker Wants to Give Away an AR-15
New York Times – Mike McPhate | Published: 6/21/2016

Florida Sen. Greg Evers, a Republican who is running for Congress, said he would hold a drawing whose prize would be an AR-15, a gun similar to the one used by Omar Mateen to kill 49 people at a gay nightclub in Orlando on June 12. Evers said he was considering the giveaway since before the mass shooting, intending to burnish his pro-gun credentials in Florida’s conservative western Panhandle, where he is running to fill the seat being vacated by U.S. Rep. Jeff Miller. But the timing of the announcement, even as funerals for the shooting victims continued, led many commenters on Evers’s campaign site and his Twitter account to express disgust.

Maryland – Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session
Washington Post – Ovetta Wiggins | Published: 6/22/2016

The return of divided government to Maryland has brought about much change in Annapolis. But one thing that has remained the same since the election of Republican Gov. Larry Hogan is Gerard Evans’ upper hand in state lobbying. Evans, a longtime fixture in Annapolis, was the top earner among Maryland lobbyists during the recent legislative session. He reported billing his clients nearly $2 million between November and April, which is about $168,000 more than last year, when he was also the top earner. Bruce Bereano came in second both last year and this year, with reported billings of $1.4 million.

New York – 3 New York Police Commanders Are Arrested on Corruption Charges
New York Times – William Rashbaum and Joseph Goldstein | Published: 6/20/2016

Three New York City police commanders and a business consultant were arrested as part of a wide-ranging federal corruption probe that has also been examining Mayor Bill de Blasio’s campaign fundraising. The latest arrests mark an escalation of an investigation that has led to discipline for nearly a dozen police officers and forced de Blasio to answer questions about whether he engaged in inappropriate fundraising. A criminal complaint accused businessperson Jeremy Reichberg of plying Deputy Chief Michael Harrington, Deputy Inspector James Grant, and others with gifts including prostitutes, sports tickets and expensive trips. As a result, Reichberg was able to secure official favors. De Blasio has said he and his administration have acted legally in all respects. He has not been accused of wrongdoing, and the charges thus far are unrelated to his fundraising efforts.

New York – New York Lawmakers Leave Albany Without Big Ethics Reforms
Albany Times Union – David Klepper (Associated Press) | Published: 6/18/2016

New York Gov. Andrew Cuomo and legislative leaders agreed to an ethics package that aims to strip pensions from public officers convicted of a felony and add disclosure requirements for political consultants who advise elected officials. The session started in January with some bold proposals to fix the state’s porous campaign finance laws, beef up ethics enforcement, and put limits on the pay lawmakers can make from side jobs. But none passed during the six-month session. For good-government groups and officials long bewildered by Albany’s inaction, the resolution was as disappointing as it was unsurprising.

Oregon – Portland Auditor Says Revolving-Door Lobbying Rules ‘All but Unenforceable’
Portland Oregonian – Brad Schmidt | Published: 6/22/2016

A proposed ordinance in Portland would ban elected officials from lobbying the city and bureau directors from lobbying their agencies for two years after they leave office. It would impose a one-year lobbying ban on other city employees. The ordinance is a compromise. City commissioners expressed reservations about a more restrictive version of the bill that was introduced in April. City Auditor Mary Hull Caballero also wants to raise the fine for violating the city’s lobbying rules to $3,000. The new rules would require any group that spends more than $1,000 lobbying in a quarter to disclose a detailed list of each contact with city officials. Right now, that level of transparency is required only for groups that spend at least eight hours lobbying in a quarter, a provision that would continue.

Wisconsin – As the Government Accountability Board Ends, What’s the Future for Wisconsin Campaign Finance Regulation?
Capital Times – Katelyn Ferral | Published: 6/19/2016

Wisconsin’s Government Accountability Board, born in bipartisanship from a legislative scandal in 2001, was the only nonpartisan model of its kind in the country with six former judges appointed by the governor and confirmed by the Senate. It was armed with a budget unfettered by Legislative oversight to investigate campaign finance, ethics, and lobbying complaints. Its dissolution, which came with a rewrite of the state’s campaign finance rules, is a necessary reform to some but step backwards for others who question whether violations of campaign finance law will be aggressively policed.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.